Research On The Construction Of Chinese Patent System Of Climate-friendly Technologies

With the increasingly serious problem of climate change, the importance of climate-friendly technology is self-evident, which makes the academic circles begin to associate patent system and environment protection, triggering the boom in research of relationship between patent system and environment protection. The patent system and environmental protection are not irrelevant. Sustainable development strategy calls for the coordination of economic, social and environmental development, and refusing to sacrifice the environment in exchange for temporary economic development, which requires the patent system in addition to focus on economic benefits, also consider the protection of the environment; Olsen "Logic of Collective Action" shows that, we must use legal system to protect and achieve public interests, rather than relying solely on rational and voluntary behavior of the individual, and only through the restriction and guidance of the legal system,we can overcome personal action of disregarding for commons, and prevent the happening of the "tragedy of the Commons", it also requires the patent system to highlight the public properties of climate-friendly technologies, and attach importance to the protection of climate-friendly technologies; Rights hierarchy theory requires the representative of property rights of climate-friendly technologies to give way to the representative of life rights, realizing life rights which owns high order steps when rights conflict, so rights hierarchy theory requires the patent system to treat climate-friendly technologies specially. In addition, the construction of Chinese patent system referring to climate-friendly technologies is the need of practice: One is the need of overcoming existing patent system's negativity, on the one hand, Chinese existing patent system promoted the R&D and innovation of climate-friendly technologies, but on the other hand, it hindered the promotions and applications of climate-friendly technologies, but application of climate-friendly technologies is the key to mitigate climate change crisis; The second is the need to address climate change, the legal system in China to address climate change is mainly environmental law, but relying solely on environmental law can't achieve the purpose of the climate change mitigation, and there is no conflict between the patent system and environmental law, the patent system itself should also play a role in tackling climatechange. Under the background of climate change, international and European Union pay more and more attention to R&D and dissemination of climate-friendly technologies in the field of environmental law, and require countries to exclude all the obstacles of the transfer of climate-friendly technologies; International and EU also carried out the reform and development of patent system, such as compulsory license system for medicine patents, the application of rapid review system, the implementation of the green technology classification method and the establishment of green technology database, which provide experience and reference for China to construct patent system of climate-friendly technologies.The construction of patent system of climate-friendly technologies should first determine the goals and directions as a whole, ensuring that the entire system develop toward the direction of addressing climate change. Secondly, the construction of the main content should include clearly stipulating granted conditions of climate-friendly,establishing an application of rapid review system for climate-friendly technology,setting the judgment standard of climate-friendly, constructing the compulsory license system for climate-friendly technology patents.