Compulsory Licensing Of Green Patents

In the context of climate changing, intellectual property should be the "catalyst" rather than "negates the agent" of climate-friendly technological innovation. In the face of the negative impact from climate changing which caused by environmental degradation and protection, patent is the key to establish mandatory green licensing system to address global climate changing crisis. Compulsory licensing of green patent is to protect the environment and safeguard the public interest for the purpose of national patent administrative organ authorized by law. Judicial green-specific objects without the consent of the patentee’s use of a patented technology, while the licensee needs to patentee to pay a certain fee. Many countries issue patent compulsory licensing through maintenance of the country’s social and public interests, the system demonstrated its value. But China has not issued a compulsory license patents.Patent applications and even full compulsory licensing has not been the case hit the newspapers. In a "sleep" state of the patent compulsory licensing system does not play its proper function. How to solve environmental problems and relate technology transfer is to construct a reasonable model for the future improvement of the global environmental pollution. Global technology play a key role in promoting cooperation. Is compulsory licensing of patents consistented with TRIPS rules from one country to another country for the purpose of environmental protection? Is its patent legitimated under the environmental protection within the country or the government for the purpose of granting a compulsory license? These are the new topic which national and the international community should begin to study. This paper applied to find the green patent compulsory licensing by one of a number of issues for China in environmental protection is based on the theory and practice.In this paper, the structure is divided into six chapters:The first chapter is introductory. First to introduce compulsory licensing of patented research background and significance. Money or life:which is more important? The obvious question has become confusing in the green context of patent compulsory licensing. Global climate is deteriorating. There is no doubt that all countries are affected by climate change no matter rich or poor. To address environmental issues in economic development from concept to system needs fundamental change in the specific design of the system. The concept of environmental protection and requirements are reflected in the patent law. Patent compulsory licensing system of green remodeling is an important strategy to achieve sustainable development initiatives. Second, introducing domestic and foreign patent compulsory licensing system for green research the status quo. Finally, this study introduces the ideas and research methods. The second chapter introduces green patent compulsory licensing system overview. First patent, green patent; compulsory licensing, compulsory licensing of patents green concept and characteristics were analyzed to define. Followed by green patent compulsory licensing system for the legal basis. Finally, analysis of compulsory licensing system sets up green meaning.Chapter III is the major international conventions and Analysis introduction to the relevant provisions. First, the paper "United Nations Framework Convention on Climate Change," is the introduction to the course of development with the assessment; Second, the focus of the content of the TRIPS Agreement and the relevant provisions of the assessment concludes with the international Convention for a green patent compulsory licensing system recommendations. And then the United States, Britain, Germany, Brazil, India made a profile associated with the assessment requirements.The fourth chapter is to implement the International Covenant on green patent compulsory licensing regime. Including integration with the international agencies which involved in the division of labor, WIPO, WTO rules of procedure for the core sites. It also can strength international cooperation and regional cooperation or both compatible. TRIPS Article31to correct deficiencies; to seek new international agreements entered into and executed.Chapter V is our current system of compulsory licensing of green patent inadequacy.Chapter VI is for these deficiencies which proposed the establishment of Chinese green patent compulsory licensing proposal:increased the "environmental protection","government use" reason; relaxed the eligibility restrictions compulsory license, established and relaxed green patent compulsory licensing royalty compensation; simplify green patent compulsory licensing procedures; helped to build green patent compulsory licensing system is implemented in the external environment.Concluding section summarized our green patent compulsory licensing system and set up the general idea. That is flexible green patent compulsory licensing system designed to rely on the green technology "cards" which is the corresponding concept of cultural training and publicity for the foundation. Carrying out the balance of interests is selecting the right time and decisiving shot good use of this green patent compulsory licensing.