Intellectual Property Restriction On The Transfer Of International Environmental Technology

In recent years,environmental issues have gradually evolved into a global problem,and caused the attention of the countries all over the world.Although developed countries and developing countries took time and effort to form a series of international treaties on environmental issues,because of the lack of unified restriction mechanism,thus the current governance about global environmental problems measures has not achieved the ideal effect.Developed countries have an advantage over the others in the area of research and innovation in environmental technology,economy and talents in especial.Because of the unavoidable historical responsibility,developed countries should actively provide effective environmental technology to developing countries.However,developed countries used to give priority to private interest instead of public interest which caused the restrictions in environmental technology transfer.The United Nations Framework Convention on Climate Change (hereinafter referred to as "The Framework Convention"),The Kyoto Protocol,and The Agreement on Trade-Related Aspect of Intellectual Property Rights(hereinafter referred to as "The TRIPs"),and many other international treaties have made regulations about the environmental technology.But the fuzziness and flexibility of these regulations make them unable to operate for lake of specific executable contents.This article attempts to proceed from the Public Interest Principle in intellectual property and the Common but Differentiated Responsibilities in international environment to analyze the intellectual property restrictions in environmental technology transfer,based on the present situation of international treaties,so that we can explore the way to improve the institutional system of intellectual environment,international intellectual property and international trade.Through the methods above,combined with the contract practice,legislative and legal practice,which will complete the intellectual property restrictions system in china towards dealing with global environmental problems.This paper is divided into three parts to analyze the intellectual property restrictions in environmental technology transfer from perspective of difference between domestic and nations about institutional agreement and practice result under the current international situation:The first part is the theoretical basis of the full text which set the essential accentuation as the particularity of environmental technology and clarify the concept,the extension and the feature of international environment technology transfer,combined with the Public Interest Principle of international intellectual property law and the Common but Differentiated Responsibilities of international environmental law to build the path to study the theoretical basis and the realistic basis of the intellectual property restrictions in environmental technology transfer.The second part does the positive analysis.At first,based on the present treaties of international environment,extract the information about the the intellectual property restrictions in environmental technology transfer of the financial support system and the reporting system in international environment.Secondly,analyze the international treaties under the system of international intellectual property such as Berne Convention and Paris Convention to find the problems and solutions about the restrictions of intellectual property from the standpoint of fair use system,compulsory license system and patent pooling system.At last,analyze the restrictions of environmental technology property in the parallel import system and the prohibition limit competition system from perspective of environmental technology trade,based on international trade practice.The third part defines the role china should play as the biggest developing country dealing with the intellectual property restrictions in environmental technology transfer and its future development under the condition of global environmental pollution from perspective of domestic practice,combined with international treaties which china participate in and domestic legislation.