The Research On Environmental Technology Of The Legal System Of Patent Compulsory Licensing

Today, the increasingly serious environmental pollution and destruction, the environment has become a topic of common concern of all countries, so it is very necessary to achieve the transfer of environmental technologies. Environmental technology patent compulsory licensing system, can solve the problems of developing countries due to a shortage of funds could not afford to buy advanced environmental technologies. In China, the compulsory licensing of patent law is not perfect, environmental technology patent compulsory licensing is in a blank state. Environmental technology patent compulsory licensing is an inevitable requirement of environmental protection integration and the implementation of sustainable development strategies, this article is in this context, environmental technology patent compulsory licensing legal system exploration and study of the system.The paper is divided into four parts. The first part introduces the necessity and feasibility of environmental technology patent compulsory licensing legal system. Its concrete manifestation of the need to protect the environment and sustainable development needs, in line with the basic principle of "common but differentiated responsibilities" and the interests of the developing countries, the feasibility of specific environmental technologies from the public strongly demand, the state of the importance of environmental technologies and environmental technology patents compulsory license to a specific analysis of environmental technology transfer is significant.The second part introduces the compulsory license to the plight of the legal system of environmental technology patents. First, environmental technology compulsory patent licensing system weak position, in particular from the weak position of compulsory patent license weak position and environmental technology compulsory patent license for analysis. Secondly, the environmental technology patents compulsory license legal system resistance and obstacles in the implementation of the concrete manifestation of conflict analysis and patent holder for the interests of the developed and developing countries based on their own interests against the patent compulsory licensing.The third part introduces the environmental technology patent compulsory licensing of relevant international conventions and national legislation reference. Mainly from international treaties, foreign law and inspired Overview of the Paris Convention and the TRIPS Agreement, the Doha Declaration, the agreements related to climate change and developed countries, developing countries, compulsory patent license attitude and aspects of Compulsory licensing legal system inspired by; specific performance in Kne. with China’s national conditions and the establishment of the procedural rules of the start of compulsory patent license for of administrative compulsory licensing mode.The fourth part introduces the specific recommendations to improve China’s environmental technology patent compulsory licensing legal system. First proposed in the public interest for the purpose of compulsory patent license can contain environmental technology patent compulsory licensing; Secondly, the establishment of environmental technology management functions of the State Intellectual Property Office of convergence. Again, improve the proposed rules of procedure of the competent department of the State Council to start a compulsory license. Finally, build environmental technology patents compulsory license fee pricing mechanism.