Author(s)

Chu Jiayi ¹

Affiliation(s)

¹ China Jiliang University, Hangzhou, China

Corresponding Author

Chu Jiayi

ABSTRACT

With the rapid development of gene technology, gene has become an important strategic resource for human beings. In order to seize the bridgehead of future gene projects, more and more genes are being patented by biotechnology companies, and the laws and regulations related to gene patent are constantly improving with the innovation of gene technology. However, there are still many loopholes in the practical application of gene patent laws and regulations. Because of the late development of our gene technology. compared with the developed countries in Europe and America, we are relatively backward. In terms of legislation, we learned from the legal systems of many countries with relatively mature gene technology, so the legal regulation of gene patent is in an advanced state, especially in the application of the principle of exhaustion of rights, the creative recognition of the patent right, and the selection of the mode of protection of gene patent. This article will analyze and study the disputes of our gene patent legal regulation on the basis of analyzing our existing gene patent legal regulation, unifies foreign relevant legal systems, and puts forward my opinions.

KEYWORDS

Gene, Patent, Legal Regulation, Principle of Exhaustion of Rights, Creative, Protection Mode

CITE THIS PAPER

Chu Jiayi. The Preliminary Discussion on the Legal Regulation of Gene Patents. Science of Law Journal (2025) Vol. 4: 132-137. DOI: http://dx.doi.org/DOI: 10.23977/law.2025.040519.

REFERENCES

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[8] Michael A. Heller, "The Tragedy of the Anticommons: Property in the Transition from Marx to Markets," Harvard Law Review 111, no. 3 (January 1998): 621-688.

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