| Summary: | 碩士 === 國立雲林科技大學 === 科技法律研究所 === 99 === This decade the most important technological breakthrough of agricultural biotechnology is Genetically Modified crop. It not only accelerated the traits of crops'' evolution, but also changed economic structure i n the agricultural, and provided many important advantages to change human life. However the new technology advantages must be accompanied by the risk. We always obtain the benefit and overpass the risk, that result in the risk turn damage. Even now many research still cannot get directly proven to admit to the causation of those risks of GM crops and environment damage. But even the risk is uncertainty, it is as important as the technology advantage that we cannot overpass. Thus whether to accept GM crops and prove exclusively right to protect it by patent law, it is the most important issues in GM technology.
Patentability shall be consolidated with law, social function and moral to determine we should allow or not. That is, not just only of the existing patent laws, but also need to face the social economy, natural environment and ethical judgment. Only by all Interaction can establish the legitimacy of GM Crops'' patentability. This paper argues that the limited support for GM crops patented and additional means of control laws and regulations controlling the uncertainty risk from the use of GM crops. No part of this complete system control and regulation to apply and control regulations by the EU discussion, reflect on transgenic crops in China Construction Legislation and regulations. This was expected by the legislature and the executive unit of great importance to these issues. Rather than separate policies based on economic position and decided to act, the state environment and ecology is also an important consideration points.
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