A Study On The Greening Of Patent Law

Facing increasingly serious ecological crisis, people started to rethink thetraditional development mode profoundly, and put forward the sustainabledevelopment strategy, which caused the ecological upsurge in the field of law. Sinceimproper utilization of science and technology is a very important source of ecologicalcrisis, as the most important law to motivate technology innovation and regulate thescience and technology from the beginning, the greening of patent law is imperative.In this background, this thesis conducts a systematic study of greening of patent law, inorder to enable patent law to develop in the direction of good for environmentalprotection.The thesis has divided into five parts:The first part is the basic theory of the greening of patent law. Firstly, the authorreviews the traditional patent law, then analyses the background of the concept of thegreening of patent law, and expounds the concept, characteristics and contents of thegreening of patent law. In the author’s eyes, the greening of patent law is a legalreform, which puts the sustainable development as the ultimate goal, penetrates theprinciple of ecological environment protection to patent law in the process offormulation, execution and research, in order to enable patent law to develop in thedirection of good for environmental protection, and achieve economic, social andenvironmental benefits win-win at last.The second part discusses the reality and urgency of the greening of patent law.Greening of patent law is not only the inevitable requirement of the sustainabledevelopment strategy and the ecological civilization construction, but also theimportant way of the greening of science and technology. At the same time, the moralexamination, and the lack of contemporary country intellectual property protectionsystem all require for the greening of patent law. Therefore, it is very urgent togreening the patent law.The third part is the greening of the basic concept, legislative purpose and the basic principles of patent law. Since this part, the author begins to discuss how to carry outthe green transformation of patent law. The greening of patent law shall transfer theconcept of "environment friendly" as a basic idea,put the "sustainable development"as the legislative purpose, while adding the principle of "sustainable development","precautionary principle" and "to promote green technology invention and application" as the basic principles of patent law.The fourth part refers to the greening of the Patent application and censorship,which is the most important part of this thesis. Patent application and censorship is thestarting point when the patent system runs, so the greening of patent application andcensorship is the most important part of the greening of patent law. Four aspects arediscussed in this thesis: First of all, in terms of the pattern of patent application，theauthor advocates electronic application to save resources as well as improve theefficiency of censorship; Secondly, in terms of patent application and censorshipprocess, patents related to green technology and friendly to environment should becensored with priority through special process, so as to speed up the censorship andgive priority to obtain patent protection, and reduce or annul fees for the patentapplication process. Thirdly, in terms of patent examination standard, the authorsuggests add a standard for "environmental protection", so as to keep the inventionsunfavorable to the environment out of the scope of patent protection, and continue tostrengthen the characteristic of environmental protection of the technologicalinnovation. Finally, disclose the source of the genetic resources while applying apatent, in order to prevent bio-piracy and protect genetic resources and theenvironment.The fifth part is written on the greening of patent implementation. As the value ofthe patent depends on its implementation, the greening of patent law requires thegreening of patent implementation. This is mainly reflected on the following treeaspects:1.Establish the environmental impact assessment system before technologyimplementation and actualize the impact assessment to the patented technologyprobable to bring large effects to the environment, so as to prevent the anti-ecologyconsequence after its implementation.2. Perfect the patent compulsory license systemand through defining "environmental protection" as one of the reasons for compulsorylicense, give the green technology patents compulsory license when necessary.3.Coordinate the relationship between patent law and other laws, such as the law ofmarket management, of scientific and technological achievements conversion, of finance, in order to promote the transformation of green technology patent fast andwell.