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Study On The Dilemma And Countermeasures Of Transnational Transfer Of Green Technology

Posted on:2019-02-21Degree:MasterType:Thesis
Country:ChinaCandidate:X F MengFull Text:PDF
GTID:2416330542497428Subject:Law
Abstract/Summary:PDF Full Text Request
In today's world,how to make a response to global climate change has become one of the important topics on the international community.Green technology,also known as clean technology and environment-friendly technology,refers to technologies that can promote the development of productivity without damaging the ecology of the earth.Global climate change is more the result of human industrial activity.People cannot stop pursuing the development of productive forces.So green technology is of great significance in responding to global climate change.At present,the advanced green technologies are mostly owned by developed countries.In order to maximize profits,developed countries are often reluctant to transfer green technologies to developing countries,and developing countries do not have sufficient funds and capabilities to develop green technologies,thus creating the status of "North-South imbalances" in green technologies.Therefore,the transfer of green technologies from developed countries to developing countries is particularly important for the global response to climate change.However,due to the contradictory relationship between the protection of intellectual property rights and the transfer of green technologies,the transnational transfer of green technology is currently in trouble.The current international measures to deal with the dilemma of transnational transfer of green technologies are mainly embodied in the "United Nations Framework Convention on Climate Change" and subsequent "Kyoto Protocol" and "Paris Agreement",but the dilemma of transnational transfer of green technologies has not been effectively improved.I think if we want to resolve the conflict between intellectual property protection and public interests,we can use the provisions of the TRIPS agreement on compulsory licensing to implement the compulsory licensing of green patent technologies,which is a direct means of solving the current difficulties.In addition,although the "Paris Agreement" has many deficiencies in solving this dilemma,the new ideas for technology transfer under new global emission reduction model,as well as the improvement of technological mechanisms and financial mechanisms,are all provides flexible space and promotion to the development of transnational transfer of green technologies.China is the world's largest emitter of greenhouse gases and a contracting party and active practitioner of the Paris Agreement.Faced with the predicament of transnational transfer of green technologies and the current status of China's green technology development,China should respond to the transnational transfer of green technologies and the development of its own green technologies.Therefore,the purpose of this paper is to explore the countermeasures for the transnational dilemma of green technology on the basis of analyzing the specific reasons for the current transnational dilemma of green technology and the inadequacies of existing response systems.In terms of coping strategies,this paper mainly discusses the feasibility and obstacles of the implementation of green technology compulsory licenses,and the related provisions of the current "Paris Agreement" for the positive impact of transnational transfer of green technologies.On the one hand,it analyzes and responds to the global coping strategies and development trends in responding to the dilemma of transnational transfer of green technologies;on the other hand,it provides effective reference for China's response to the current status of international transfer of green technologies,and puts forward suggestions for China to improve the current predicament of transnational transfer of green technologies.This article is divided into five chapters.The first chapter mainly introduces the overview of the transnational transfer of green technology and the current difficulties encountered.The second chapter mainly analyzes the deficiency of the current green technology transnational transfer rules.The third chapter mainly deals with the feasibility and obstacles of the implementation of green technology transnational transfer compulsory licenses.Chapter 4 discusses a series of innovative provisions of the "Paris Agreement" that provide the flexible space and promotion role for the transnational transfer of green technologies.The fifth chapter proposes responses to China on the transnational transfer of green technologies.
Keywords/Search Tags:Green Technology, Technology transfer, Compulsory Licensing, The Paris Agreement
PDF Full Text Request
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