Primary Construction On Green Patent Law System

This article discourses that making the benefits for humans, the advance of technology contributes to a lot of environmental damage. Hence, how to prevent technological innovation from its negative effects on environment through law system construction has become a significant issue concerned by academic fields. Under the background of ecological law, this article bases on Patent Law which has the closest relationship with technological innovation among most of department laws, after analyzing its background and characters as well as investigating its theories and practices, trying to prove the necessity of regulate the Patent Law by the environmental way. It explains in detail the theoretic foundation, the theoretic meaning and function of green Patent Law, constructing the new law system of environmental law regulation of patent right, namely, adding a environmental protection standard of censorship during the process of applying the patent right to prevent from the possible conflicts between technological innovation and environmental protection, the aim of which is to keep the harmonious relationship between human beings and nature.The structure of this article consists of six parts. Part one depicts the research causes, methods and extension of green patent right, putting forward the key of greening the patent law is to regulate. Part two describes the background of regulating the Patent Law by the environmental way and the practical thought of the environmental effect on Patent Law. Part three, four and five are the cores of this essay. Part three introduces the present situation of regulating the Patent Law by the environmental way and puts forward the suggestion on constructing the law system of environmental law regulation of Patent law. Part four explains the theoretic meaning of green patent law. Part five discusses the necessity of constructing the law system of green Patent Law. At last, the practical value and the prospect of implementing the law system are revealed in the part six.