Discussion on the Intellectual Property Protection of Biotechnology by Developing Trend of Science and Technology

• Main Authors: Chung-Liang Lin, 林忠亮
• Other Authors: Kuo-Hua Chang
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/83505836169083888017

碩士 === 雲林科技大學 === 科技法律研究所 === 96 === The full characteristic of knowledge industry is the development of biotechnology which based on technological development and epistemic accumulation. Biotechnology industry has the characteristics of technology intensive, innovation driven, long product development stage, plenty of research funding, abundant value added as well as high risk and belongs to sunrise industry in its beginning that needs strong and correct policy to support as well as related acts to protect. The rapid development of biotechnology these days exceeds foretime, much more other high tech; especially while referring to the related research field on human biological materials, it often accompanies the ethical issue. However, the trend of the development on biotechnology endeavors to solve the issue. Therefore, the biotechnology related acts should adjust to support the biotechnology industry. As to the legislative protection on biotechnology research, in our nation are mainly Fundamental Science and Technology Act, Patent Act, Copyright Act, Trade Secret Act, the Plant Variety and Plant Seed Act , Trademark Act and so on. The study deals with our nation’s biotechnology policy, legislation, the object of the intellectual property protection and patent estimate which discusses from the trend of the development on biotechnology. For instance, discussing the object protection bound of the biotechnological intellectual property from the forbidden area of the Patentability on the “Directive 98/44/EC on the Legal Protection of Biotechnological Inventions”; disputing the Patentability of genetically modified animals and plants that there are still no genetically modified goods entering the market in our nation and how to connect with the international law; dealing with the trend of the development on biotechnology, human ethical value and the correlation of its Patentability which takes an example of Human embryonic stem cell; treating the role and the function of the patent estimate on biotechnology medicine when licensing and technology transferring. At last, the study also provides suggestions for the industry, government, research and academic institute in our nation to create the adaptable environment for biotechnology industry to establish stable backbone.