On The Compulsory Licensing System Of Clean Energy Technology Patent

Among various measures to response the global climate change, what people paid the most attention is the application of clean energy technologies, especially which have been applied as the patented technologies. Because of its effectively working, clean energy technologies are always thought to be more generally used. However, they also have been protected as private rights to prevent others to use in practice. Thus a contradiction comes up. Most scholars declare for technology transfer to settle this problem but not compulsory patent licensing way. For this reason, with a long time research about compulsory patent licensing and mature theory of clean energy technology transfer, there still have no deeply research about compulsory licensing clean energy technology, even practice case. With attempt to promote the solution of climate change by compulsory licensing patented clean energy technology, this article covers three chapters to discuss these questions. The first chapter is about the relationship between clean energy technology and climate change, the problems of compulsory licensing patented clean energy technology in China. The second chapter is about related legal rules in domestic system and that of overseas. The third chapter is about the necessity and feasibility of compulsory licensing patented clean energy technology, and also some suggestion of the provisions are made.