Compulsory Licensing Of Green Patents

The primary purpose to design the patent system is to protect the inventors’ benefits, encourage innovations and promote the progress of the scientifictechnology, and give patent rights to the innovators in the level of the law. Itprovides patentee the basis of the legal monopoly. On the other hand, the patentsystem still needs to protect the public benefits and therefore patent compulsorylicensing system is designed to balance the patentee, which stands for the privatebenefit, with the social public benefits. Along with the intense development ofthe global economic modernization and increasing environment pollution anddestruction, it is common on the world to drive the economic growth bysacrificing ecological environment. Ecological environment pollution seems to bethe common phenomenon in the development of commercial economy and socialproductivity in the world. Environment issue has been more proposed on theagenda and research. The promotion and application of green environmentprotection technology also becomes the issue arousing the global attention. Sincethe patent compulsory licensing system is an important system of patenttechnology implementation, realization of its ecological construction not onlybetter develops environment-friendly technology and has great benefits on thepublic benefit of environment protection and construction of ecologicalcivilization. Starting from “green” and “green patent”, this paper has analyzed thereasonableness and restriction of compulsory licensing system of the greenpatents, made comparison practical experiences on the world and various countries, and finally proposed suggestions to improve green patentcompulsory licensing system in our country and other selective green plans withour basic domestic conditions.Besides introduction, this paper is divided into six chapters. The maincontent of each chapter is as below:Chapter I is the overview of the green patent compulsory licensing system.Firstly, the definition of “green” and “green patent” and the concept and type ofcompulsory licensing are introduced; then the concept and characteristic ofcompulsory licensing of the green patents are analyzed and finally thesignificance of the compulsory licensing system of green patents is described.This green patent compulsory licensing system increases the “green” element tothe patent system. So those green patents, which may improve the environment,save the resources and realize the value of the environmental protection, can beconducted a compulsory licensing.Chapter II is analyzing reasonableness and restricted factor of the greenpatent compulsory licensing system. Firstly, reasonableness is analyzed fromfour aspects including that patent system itself has negative ecological effect, theinnovation of the environment protection cannot separate support of the patentsystem, the patent system has a consistent target with the environment policyand compliance with legal ecologicalization, etc. Secondly, the restriction isdescribed from two aspects that the public interest of the environment itself isabstract and fuzzy and balance between private right and sacred concept.Chapter III is the practice and experience of the green patent compulsorylicensing system on the world. It introduces the United Nations FrameworkConvention on Climate Change, TRIPs Convention and other global regulationsand practice of the green patent compulsory licensing system in the US and UK.Finally is overall the comment on global implementation experience of the greenpatent compulsory licensing system. With the increasingly rapid economicglobalization, more problems are brought to our attention, especially theenvironment problem. Both the developed country and the developing country should work together to solve the problem, undertaking the due obligations. Forthe developing country in especial, it is supposed to strive to develop theeducation and the science. So that it can improve the innovative ability andenhance the comprehensive national strength. Only the economic power isenhanced, can its political status be advanced. And it can have a greater say.Chapter IV is the status analysis of the green patent compulsory licensingsystem in our country, mainly including three aspects of the specific regulationexisting in our country, existing problems in our country and the reasonsanalysis of generated problems, etc. This chapter first directly and indirectlyintroduces the details about the green patent compulsory licensing in our law.And then it analyzes the problems we have at present. For instance, theconnotation of the public interest is fuzzy so it is not so feasible. In the end of thischapter, it deeps into the problems and dissects the reasons.Chapter V is the suggestion and other optional green plans to improve thegreen patent compulsory licensing system in our country. Firstly, theimprovement suggestion is proposed from four aspects including the specialregulation made for the green patent compulsory licensing, the judicial remedyof green patent infringement cases, etc. Furthermore, other optional green plansare analyzed from four points including promoting patent pool licensing mode,building information sharing mechanism of green patent, etc.Finally, in the part of the epilogue, the writer does a summary and reflectionabout the whole essay. It points out that both the patent right and theenvironment right are very important new type rights in such a modern society.We are supposed to keep changing our thought to balance these two rights. Onthe one hand, we should give the adequate protection to the private right of thepatentee. On the other hand, we should pay attention to the environment.