Alice Yuen-Ting Wong,Albert Wai-Kit Chan

    a Albert Wai-Kit Chan Intellectual Property Limited,Hong Kong Special Administrative Region

    b United States-China Intellectual Property Institute,New York,USA

    c Law Offices of Albert Wai-Kit Chan,PLLC,New York,USA

    Abstract Food is a basic and personal necessity to human.Safety of food is a prime factor to consider apart from nutrition,quality and cost.Genetically modified(GM)foods first came on the market in 1994.Yet safety,transparency and traceability of GM foods are still under hot debate.Nonetheless,the market of GM foods is huge and attractive.Regulatory affairs and intellectual property(IP)are two critical factors affecting the development and commercial success of a food product.This article will take a look at the GM food technology and regulatory framework for GM foods in China and the United States.This article will also discuss the unique patent issues and non-patent IP tools for safeguarding the technology in these two countries.

    1.Introduction

    Genetically modified organisms (GMOs),also known as genetically engineered or transgenic organisms,for use as human foods or animal feeds are commonplace nowadays.On November 19,2015,the Food and Drug Administration(FDA)of the United States approved the first-ever genetically modified animal for human consumption[1].This approval not only marked a new milestone for GM foods but also re-evoked the public call for safety assessment and transparency of GM foods. ......