Research On Environmental Technology Patent Compulsory License System

As the phenomenon of environmental pollution and environmental destruction becoming more and more serious, the environmental problem has become an increasing concern globally. Environmental technology is vital to resolve the environmental problems, most technology which can solve environmental problems exists in the form of patent, based on the consideration of the public interest and in order to prevent patent abuse of the patentee who has core environmental technology, we need the patent compulsory license system to protect the process of the transfer of environmental technology. But there are many problems in the system of patent compulsory license in our country, environmental technology patent compulsory license system is in a blank state, for the needs of the public interest, and with the patent compulsory license system established itself in international law and the continuous development of the foreign patent compulsory license, we realize that carrying out environmental technology patent compulsory license system is theoretical legitimate and realistic necessary, while this article is in this context, discussing and researching environmental technology patent compulsory license system along five dimensions, the details are as follows:The first part introduces the general analysis of patent compulsory license. This part introduces the concept of patent compulsory license and further analysis the current situation in legislation of the patent compulsory license system, our system of the patent compulsory license still has many deficiencies compared with other countries, such as strict requirements on the qualification of applicant and the reason of the application, unreasonable procedure and blurry concept of the rule of the patent compulsory license.The second part introduces the legitimacy of environmental technology patent compulsory license. This part includes three aspects, first is the necessity to build healthy environmental technology patent compulsory license system, the second is some doubts about the environmental technology patent compulsory license system and the explanation about these doubts, the third is the boost from the drug technology patent compulsory license system. It is imperative to build environmental technology patent compulsory license system in our country.The third part introduces the current situation in legislation of the environmental technology patent compulsory license system in our country. Technology patent compulsory license system don’t consist environmental technology in our country, the reason is that less attention has been paid to environmental technology from our country and the patent law, and we also lack policies that can supporting the environmental technology patent compulsory license system.The fourth part introduces the environmental technology patent compulsory license system of other countries, mainly from international treaties and foreign law, international treaties consist the Paris Convention, the TRIPS Agreement, the Doha Declaration, the agreement related to climate and the current situation in legislation in America, France, South Africa, Brazil and Thailand.The last part introduces the specific recommendation to improve environmental technology patent compulsory license system in our country, and the specific recommendation consist countermeasure from legislation, National funds and technical support and the fee pricing mechanism about the environmental technology patent compulsory license system.