Research On Sharing Mechanism Of Green Patent

With the increasingly serious problem of climate change,the importance of green technology to save the climate crisis is self-evident,the world’s major countries consider green technology as an important cornerstone of sustainable development.Due to historical and geographical reasons,developing countries can not compete with developed countries in dealing with the green technical strength and financial support of climate change.Although many international treaties stipulate the obligation of developed countries to transfer clean technologies to developing countries,the results are not satisfactory.Sharing green patent is a way to protect the environment and to solve our earth climate challenges and threats by using cheap or free patent way to promote the development of new green technologies,it is a useful attempt to promote the transfer of international climate technology.The environmental management and promoting the development of private patent intellectual property initiatives is necessary to cope with global climate change,break the existing restrictions of the intellectual property system,avoid the tragedy of anti Commons and realize the balance of interests.Besides,the international treaties and relevant legal system and practice provide the basis of feasibility for it.At present,there has been no academic circles concerning uniform definition of green patent and green patent sharing.This paper is to understand the green patent as an open category,including but not limited to all kinds of technologies which are beneficial to the environment.The connotation and patent pool,compulsory patent licensing,analogy analysis of green environmental voluntary agreement and the clean development mechanism,sharing mechanism,private enterprises through the license agreement will be conducive to environmental protection green patent donation to share,other members can use the free or low cost environmental protection patented technology,so as to promote communication and solve the issue of climate change related technology.The nature of green patent sharing mechanism is one of the performance mechanism of the Paris Agreement,which is the promotion mechanism of international transfer mechanism.The existing Eco-Patent Commons,Green Xchange,Green Package Platform,WIPO Green all belong to the green patent sharing mechanism.Green patent sharing mechanism has some advantages,such as the international environment treaty provides legal support for the green patent sharing mechanism,and it can reduce the cost of negotiation through public license and can also promote the enterprise innovation.Besides,the green brand can also increase the enthusiasm in the enterprise.However,the current green patent sharing mechanism has a series of problems,such as the license agreement can not be against the third person and the donated patent can not be protected;Green patent sharing mechanism attract less core green patent,and can not realize the sharing value effectively;the international treaty does not make stipulations on the specific measures of Technology transfer performance,the developed countries promote domestic enterprises participate in sharing donation of green technology policy incentives,which is not enough;Green patent sharing mechanism has no interest incentive for the green patent holding companies,and is lack of attraction.For these problems,It is necessary to make clear the green patent sharing mechanism as the implementation mechanism of the international transfer mechanism set up under the Paris agreement for energy conservation and emission reduction;Straighten out the operation of the mechanism,and promote the green patent sharing mechanism by combining with private sector from the international level through the establishment of regulatory agencies and licensing rules,and expanding the scope of green patent sharing.Also through the patent incentive,fund support,it encourages the public to participate in it and award the shared enterprise with preferential policies and funds,reputation incentives,so that more enterprises and green technology can participate,so the green technology can transfer and innovate effectively.