On the Construction of Interest Balance System in the Protection of Intellectual Property for Transgenic Plants
Zhou Shiwen Ou Xiaoming
Within the legal system concerning intellectual property, the construction of interests-balancing mechanism not only relies on the law creation, but also on the improvement of related system. Meanwhile, for the crop resource protection, especially for the intellectual property protection for transgenic plants, we should bear in mind the need to properly balance the public interest under its protection, which can be damaged by unlawful act. To achieve a rational allocation of the scarce resources, it’s also essential that to realize farmers' rights being listed on the agenda in order to balance and coordinate the interest conflict with distinct connotations, on different levels and between different regions. Moreover, realizing farmers' rights is favorable for the optimum allocation of social benefit and impels distributive justice stepping from form fairness and corrective justice closer to substantial fairness, which may in term help to achieve social equity and facilitate the construction of international benefit sharing system of gene resources.