Cybaris®
Publication Information
15 Cybaris 63 (2024)
Abstract
Disharmonies in intellectual property rights have led countries, like China and the U.S., to implement patent laws tailored to their unique culture, values, and goals while complying with international treaties. China's exclusion of treatment and diagnosis methods from patent protection prioritizes healthcare accessibility, whereas the U.S.'s allowance of patentability fosters medical innovation. Similarly, China's exclusion of animal and plant patentability aligns with cultural and agricultural values, emphasizing resource accessibility and food security. Protecting genetic resources poses challenges, with China aligning its patent law proactively with the CBD principles and the U.S. prioritizing unrestricted access. China's approach to human stem cell patentability reflects Confucian values, safeguarding human dignity, while the U.S. focuses on excluding judicial exceptions. As cultures evolve, China must continually assess its patent law to strike a balance between cultural values, societal needs, and technological progress. Compulsory licensing is proposed as a promising avenue to harmonize biological subject matter eligibility, encouraging innovation while preserving cultural heritage and fostering cooperation.
Recommended Citation
Tu, Xiongying
(2024)
"Disharmony in Patent Law: A Comparative Study of Patent Eligibility of Biological Subject Matters Between China and the United States,"
Cybaris®: Vol. 15:
Iss.
1, Article 4.
Available at:
https://open.mitchellhamline.edu/cybaris/vol15/iss1/4