Protection and Restriction of Grain-Related Intellectual Property Rights in the Context of Food Security Based on Industrial Internet of Things

Abstract

New technologies such as the internet of things and cloud computing are expected to leverage farming development and introduce more robots and artificial intelligence in farming. Food security is an important strategic issue for national economy and security. Intellectual property is a matter of food security. Its power not only plays a role of promoting food scientific and technological innovation, stimulating private and multinational seed industry investment, saving the cost of research and development, and improving agricultural management capacity but also may damage the biodiversity, increase farmers’ burden, block food technological innovation and diffusion, increase the farmers’ litigation risks, etc. Therefore, from legislation, on the one hand, we should rationally use the current intellectual property system to protect the source of grain-related intellectual property rights, set up the concept of “great protection” of grain-related intellectual property rights, and establish the protection system and operation mechanism with the participation of multiple-related institutions. On the other hand, we should restrict grain-related intellectual property rights according to law to prevent it from controlling the market, restricting competition, hindering innovation, and seeking illegitimate interests. We need to coordinate the relationship between intellectual property rights, food rights and farmers’ rights, and rationally control the genetic utilization restriction technology.