TITLE:
Analysis of the Legal and Competitive Market Environment for Intellectual Property Operation in the Seed Industry
AUTHORS:
Jun Zhao
KEYWORDS:
Seed Industry, IPR Operation, Domestic Substitution, Bending the Curve, Plant Patents, New Plant Varieties, Seed Law, Trade Secrets, Trademarks, Gene Editing, Breeding 4.0
JOURNAL NAME:
Beijing Law Review,
Vol.14 No.2,
June
8,
2023
ABSTRACT: For the seed industry to gain a foothold in the fierce market competition and achieve breakthroughs in technology, products and markets, the most important thing is to bring into play the unique value of intellectual property. The use of IPR search and analysis can be effectively informed of the real competitive environment, understand the development of technology, layout, gap vulnerability and other information, providing legal risk analysis, technological innovation guidance, cooperation ecological construction, M&A financing assistance and other aspects of value for domestic seeds to achieve leapfrog development. The operation of intellectual property rights in the seed industry requires, on the basis of grasping the special characteristics of the industry, and on the premise of making a good tracking judgment of the legal environment and market environment, designing specific intellectual property management and operation strategies that fit the actual situation according to the company’s overall business plan, development stage, technical strength and other factors, and making comprehensive use of various types of intellectual property rights such as new variety rights, patent rights, trademark rights and trade secrets. IPR operation in the seed industry has both the general functions of general IPR operation and the special features of the seed industry such as strong regulation and object restrictions, etc. A complete operation system and value play requires an organic combination of these two.