Carbon Compulsory Licensing Of Patented Technology Study

Compulsory licensing of low-carbon patented technology not only can solve the problems of the developing countries due to lack of funds to afford to buy advanced low-carbon technologies, can also encourage developed countries to actively perform the skills and experience of common but differentiated responsibilities ", and effectively address climate and environmental issues.Firstly, discusses the social meaning of the low-carbon technologies for a compulsory license. F rom a human rights perspective, the compulsory licensing of low-carbon technologies in line conform with the right to health, right to life, and environmental rights, At the same time, it can ease the conflict between human rights and patent protection."Common but differentiated responsibilities," is the important principles to solve environmental problems, and has an important place. Low-carbon technologies are mastered in the hands of developed countries. Compulsory licensing of low-carbon technologies urges developed countries to fulfill the responsibility of the transfer of technology and experience under the principle of "common but differentiated.Secondly, from the domestic and international law at two levels, patent compulsory licensing legislation, research, analysis of the legislative basis for compulsory licensing of low-carbon technologies. At present, most of the countries developed a patent compulsory licensing. But compared with the developing countries, The developed countries'compulsory licensing standards are clearly different. While In international law, there is a process of development in patent compulsory licensing system's setting up. Compulsory licensing of low-carbon technologies has not breakthrough the existing provisions of international treaties, which undoubtedly provide a reference for the same compulsory licensing of patented technology of public interest properties of low-carbon.Drug patent compulsory licensing system for the establishment and operation provides an institutional guarantee for solving the public health crisis. It makes low-carbon compulsory licensing of patented technology feasible and operational. Compulsory licensing system in China's Patent Law "is a continuous improving system. Compulsory licensing of low-carbon technologies in terms of international and domestic legislation are all blank. In this regard, China's domestic legislation applicable to low-carbon technologies, space and limitations of the original compulsory license system. In this regard, in China's domestic legislation, to discuss the space and limitations applicable to low-carbon technologies in the original compulsory license system. so that to make a few comments to Improve the low-carbon technologies of compulsory licensing.