基因轉殖作物（GM Crops）可專利性之探討

A Study of Genetically Modified Crops' patentability

基因轉殖作物（GM Crops）為現今農業生物技術史上最重要的技術突破，不僅使農作物的性狀具重大變化，亦使農業經濟結構產生轉變，並提供許多重要的優勢改變人類生活，然新興科技的出現必然伴隨著風險產生，現階段許多研究雖無法直接證實基因轉殖作物對於自然環境破壞的風險，但此不確定性風險之重要性並不亞於其所產生之優勢，因此在是否接受基因轉殖作物並以獨占方式之專利法保護其技術之議題上，實為現階段重要之議題。探討可專利性須以法規面向及社會綜合面向兩方面交互審查判斷，即不僅於現行專利法規探討，更需於社會經濟面、自然環境面及倫理道德面多方判斷，始得建立基因轉殖作物可專利性之正當性。

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.