The Patent Ownership Of The Low-carbon Technologies That The Govenrment Invests In

Low-carbon technologies can be called a technology relating to the fate of mankind as a whole, thedevelopment of low-carbon technologies is largely dependent on the government’s investment. How todesign the appropriate intellectual property system to promote the development and utilization oflow-carbon technologies is a very important issue. What we need is not only the increase a hundredfold bythe patent thousands of low-carbon technologies, but also that greater need for low-carbon technologies canreally be used in the production and life, to change the energy crisis and the greenhouse crisis which we arefacing now. The focus of this paper is to discuss patent ownership of low-carbon technologies which thegovernment invests in, in order to through the reasonable arrangement of the patent laws and regulations,and effectively in the appropriate legal institutional arrangements to stimulate the thriving low-carbontechnology development. Also involving the study of patent ownership system of government investment,in order to make more accurate institutional arrangements of the patent ownership of the low-carbontechnologies which the government invests in, I not only theoretically analyzed that the Private property ofthe patent rights decide that the low-carbon technologies the government invests in should be attributed tothe developers, but also through the analysis of the practices of the United States, Russia and othercountries to prove that such arrangement is reasonable, and then find a suitable institutional arrangement,and made a perfect view of the current legislative situation recommendations.In addition to the introduction and conclusion, this paper is divided into the following four parts:Part I: the current situation and defects of the patent ownership of low-carbon technologies which thegovernment invests in in our country. This section first describes the legislative status quo of the patentownership of low-carbon technologies which the government invests in, and reviews the differentprovisions of the four different stages from the period of reform and opening up. The patent ownership ofthe technologies which the government invests in China has experienced from belonging to theGovernment in law to belonging to the unit which develops the technologies in law. Take "973Program"(National Key Basic Research and Development Plan) and the National Natural Science Foundation as anexample, both the output and the investment of the government are showing an upward trend, which indicates that China’s government is investing to increase its effect. Take the transformation of theuniversity patent-pending technology as an example, we found that the conversion of the status quo is notoptimistic. Analysis of our current legal documents, we can see that there is a conflict among the differentlaws. As for the patent ownership of the low-carbon technologies which the government invests in, theremust be an appropriate institutional arrangements to address these issues.Part II: the theoretical basis of the patent ownership of the low-carbon technologies which thegovernment invests in. From the perspective of legal significance and from the point of view of the exerciseof the rights and judicial practice, the patent is essentially property rights, belongs to the private rights, andshould be attributed to the workers who create the technologies, that is, the developers. Both Locke’s theoryof property rights of labor and Marx’s theory of the value of labor also confirm this point. The patent alsohas some inherent characteristics of public power, which in turn determines that the normal operation needsthe appropriate interventions of the public rights. As for the Low-carbon technologies, it is different fromthe technology development, it has a unique background and mission, and because of the "carbon lock-ineffect", most enterprises are not willing to develop the Low-carbon technologies, its development is mainlydependent on the investment of the government and the scientific research strength and resources of theuniversities and the research institutions. But this does not deny that some companies investing in thedevelopment of low-carbon technologies exist, but the patent ownership of these technologies can beaddressed through the current laws. Even the low carbon technologies which the government invests in, theGovernment has no need to retain the patent, because the government, after all, is the manager, is thesubject who exercises the public power, rather than the best pilots of the private rights.Part III: the foreign practices and analysis of the patent ownership of the Low-carbon technologieswhich the Government invests in. All the practices around the world can be divided into two ways: the U.S.Bayh-Dole Act as the representative of the legal form and Russia, Australia, represented by the agreed form.This part analyzes the background and the main content of the Bayh-Dole Act ", and the specific practicesin Russia, Australia, which we can learn from to draw the final conclusions.Part IV: the institutional arrangements of the Patent Ownership of the Low-carbon technologies whichthe government invests in. Based on the theoretical analysis of the patent ownership of the Low-carbontechnologies which the government invests in and the successful experience of the foreign countries, this part give an institutional arrangements: the patent should belong to the developers; the government canretain a certain right to intervene, and has the responsibility to promote the application of the obligations oflow-carbon technologies. And through the analysis of China’s current Patent Law and other relatedlegislation, this part proposed recommendations for the legislative improvement of the Patent Ownership ofthe Low-carbon technologies which the government invests in.