Research On The Compulsory Licensing Of Environmental Technology Patents Of Our Country

With the deterioration of the global ecosystem, a variety of environmental problems continue to emerge, which affect people's daily life and the sustainable development of the ecological environment. In view of the public property of the ecological system of unity,eenvironmental technology and national "common but different" responsibility, the estabblishment of environment-friendly technology patent compulsory license system to better promote the transfer of technology to developing countries and deter the developed countries fulfill relevant international humanitarian meaning provided. This topic aims at from the perspective of public interests, will discuss environmental protection technology into the compulsory license system, the necessity and feasibility, through to our country compulsory license system present situation analysis and the overseas environmental technology compulsory licensing legislation reference, the theory of extracting common, for our country to set up and perfect environmental protection technology compulsory license system for theoretical and practical basis.This article is divided into four chapters, specifically, the first chapter is an introduction, first introduced the research significance of environmental protection technology patent compulsory license system. In order to maint- ain the global ecological interests in common, it is necessary to transfer the compulsory l- icense system to developing countries to promote environmental protection technology. Secondly, this paper introduces the current status of the research on the system of compu- lsory license for environmental protection technology in China and abroad, and determin- es the key points and difficulties of this study. Finally, the research ideas and methods of this paper are described.The second chapter is an overview of the compulsory license system.First of all, the concept and characteristics of environmental protection technology and environmental protection technology patent compulsory license were explained Secondly, from the limitation of rights, balance of interests and the protection of human rights three aspects analysisof the necessity of compulsory license of patent protection. Finally, the construction of environmental protection technology patent compulsory licensing system of meaning.The third chapter is about the present situation of compulsory license system in our country and the problems in the implementation of compulsory license system. Firstly, this paper introduces the status and shortcomings of our existing system of compulsory licesing. Secondly, on China's implementation of environmental technology compulsory licesing system will face the problems are analyzed and described may encounter three blocks from the perspective of both developed and developing countries and make a conclusion.The fourth chapter is the favorable conditions for the implementation of the patent compulsory license system of environmental protection technology in China. First, from the perspective of international conventions to find a basis, such as the "Paris agreement", "Trips agreement" and "Framework Convention on climate change," and so on.The fifth chapter is the construction of China's environmental protection technology patent compulsory licensing system. This part mainly aims at the question which appears in the content of the text to put forward the suggestion.The conclusion summarizes our country environmental protection technology patent compulsory license system and the overall layout of the, namely to improve their innonattion and R & D capability for "this", laying a solid foundation; and at the same time,perfect compulsory license system, give full play to the International Convention grants the self flexibility, active, reasonable and make good use of compulsory licensing system to the "root", the Treaty of Paris advocating freedom, equality, sharing principle implement into law, the protection of global ecological system and make due contribution.