Wind Patented Technology Transfer Mechanism

Global climate change concerns human survival and development, therefore, the continuous innovation, the worldwide spread and the effective application of Environmentally Sound Technology is the basis of successful mitigation and adaptation to climate change. Environmentally Sound Technology, especially the patented technologies in the Clean Energy industry like wind power industry, is extremely important for the global energy conservation. Based on the contradiction between the growing international needs of Environmentally Sound Technology transfer and the non-existence international laws in this regard, this thesis is aimed to analyze the existing international and national mechanisms for international technology transfer, to explore the problems of existing mechanisms, and to study on the possible coordination of legal system both from the international level and the national level.This thesis is divided into three chapters. The first chapter studies on international treaties relevant to the international transfer of patented wind-energy technologies, exploring the mechanisms for international transfer under these treaties and their defects. The research focuses on provisions of treaties and other documents related to international Environmentally Sound Technology transfer under United Nations Framework Convention on Climate Change and international intellectual property treaties. The contents including mechanisms constructed by the related provisions under United Nations Framework Convention on Climate Change, the Kyoto Protocol, the Bali Action Plan, the Copenhagen Accord, the Cancun Agreement and the annual reports of the Expert Group on Technology Transfer; the relevant provisions of the Paris Convention for the Protection of Industrial Property under WIPO and the Agreement on Trade-related Aspects of Intellectual Property under WTO; the special mechanism for international technology transfer under the United Nations Framework Convention on Climate Change and its defects, and the adverse effects of such mechanism on the international transfer of patented technologies for utilizing wind energy.Based on the empirical data and analysis, the second chapter summarizes the development of wind energy industry and the situation of international transfer of patented wind energy technologies in China; and explores on the actual situation of the development of wind energy industry and the international transfer of patent technology by analyzing typical cases in this field, especially on the situation and obstacles for developed countries to transfer their patented wind energy technologies in China. And then it is an overview of the international transfer of patented wind energy technology, from two perspectives--technology import and export. Lastly, this chapter conducts an empirical study on the transfer of patented wind energy technology of developed countries in China, from three levels of government, enterprises and research bodies.The third chapter focuses on several specific legal issues concerning patented wind energy technologies transfer in China by developed countries, from both the international law and domestic law perspectives. The international law perspective focuses on the international law, especially on the problems of the mechanisms for international technology transfer under the United Nations Framework Convention on Climate Change and solutions for resolving such problems. It also studies on the construction of innovative mechanisms for international technology transfer, which is further divided into multilateral and bilateral levels. The domestic law perspective is about legal issues of Chinese domestic laws and resolutions related to international wind energy transfer, such as legal issues of laws on foreign technology transfer, laws on intellectual property protection, laws on regulating restrictive commercial terms and laws on wind power industry.In summary, this thesis, which starts from macro perspective into the micro perspective and then shifts into the macro perspective, focuses on the current situation and development trend of mechanisms for patented wind energy technologies transfer in China by developed countries. The thesis is aimed to provide an empirical foundation for improving the mechanisms concerning international transfer of Environmentally Sound Technology.