Study On The Countermeasures Of Haze Management From The Perspective Of Patent Law

Currently the Smog crisis has been a big problem in China. It is harmful to the public health and the economic development. Searching for the solutions of dealing with the smog crisis in law, it needs the environmental law, the intellectual property law, the procedural law and so on.Struggling with the smog crisis must need many new environment-friendly technology. Because the new patent can change our way of life. Therefore, this paper select the view of patent law to search the solutions of dealing with smog crisis and study how to design a perfect legal system of protecting the environment.The legislative intent of patent law is to encourage people to invent more intellectual property and protecting the economic benefit of patentee. Actually, the patent law also have the obligation to protect the public interest. As to the function of patent law, it can balance the private interest and the public interest. The Accelerated Examination for Green Patent (the Green Channel), the Compulsory Licensing on Environment-friendly patent and the Green Patent Encouragement and Protection System can be used as the effective ways.In this paper, the structure is divided into four chapters:The introduction. First to introduce the background and significance of this paper. Then introduce the research ideas and methods of the paper. The second part from the research of Accelerated Examination for Green Patent System to study the singnificance of dealing with smog crisis. In our country, using this meathod to solve environmental problem is still in infancy, so many deficiencies need to be perfcet. The third part is to introduce the Compulsory Licensing on Environment-friendly patent system. Analyzing the related legislative experience in other developed countries. From the aspects of requirements and procedures to put forward suggestions of perfecting our country’s realted law. The fourth part is to study the Green Patent Encouragement and Protection System. Puting forward suggestions about using this way to solve the smog crisis.Fully mix to patent law regulation and environmental protections, could inspire more and more people to join in producting the environmental-friendly products. We need to learn the experence of other countries to perfect our patent law regulation. Although the patent law can not replace the post of environmental law, but it can encourage the technology innovation of green patents in the market as early as possible. Can not only improve people’s living environment, but also promote our country patent law regulation more perfectly.