Compulsory Patent License System Applicable To A Number Of Issues In Environmental Protection Research

The system of compulsory patent license constitutes one of the important elements of the patent system, among which the compulsory patent license for the public interests effectively plays an important role in maintaining public interests versus the personal rights well protected by the patent rights. The developing countries' efforts to employ the system of compulsory patent license for the public interests with the aim of protecting national health induce the considerations on some important problems, such as whether the severe environmental pollution and destruction all over the world, especially in the developing countries, are related to the fact that the advanced technology of patent protection can not be spread; whether it is possible to establish the compulsory patent license system for the purpose of environmental protection; etc. This paper focuses on some of the questions for further researches on this topic. This paper consists of five main parts as follows:Chapter One: Overview on the patent rights and the system of compulsory patent license. Through reviewing the process of the origin and the development of intellectual property rights, patent and patent rights and the compulsory patent license, this part indicates that the nature of patent and patent rights plays a decisive role in the emerging of the system of compulsory patent license, and also discusses the function and the significance of the compulsory patent license. Chapter Two: Relevant provisions in relevant international treaties and the domestic laws of some major countries on the compulsory patent license for public interests. This part summarizes the attitudes of Paris Convention, TRIPs and the patent laws of China, Japan and USA to the compulsory patent license for public interests, and also compares the similarities and differences of each country in this field in the aspects of legislation and practice.Chapter Three: Prominent embodiments of the function and the necessity of compulsory patent license in environmental protection — the special needs of developing countries. Through the analysis on the influences of technologies on environment and the urgent needs of the developing countries for green technologies, the paper discusses the function and the necessity of the system of compulsory patent license in the field of environmental protection. Chapter Four: Possibility of the compulsory patent license. This part analyses how to find the legitimate basis from the compulsory patent license for public interests in the absence of any provision in the relevant international treaties and the domestic laws of the major countries on the compulsory patent license for the purpose of environmental protection. Chapter Five: Difficulties and obstacles in the practice of compulsory patent license for the purpose of environmental protection. Although compulsory patent license plays a significant role in environmental protection, according to this part, however, some difficulties and obstacles in the practice of this system still exist, and this part also insists that the relevant laws of the major countries need to be perfected.