On The Legitimacy Of Patent Compulsory Licensing For Adaptation To Climate Change

After the paradigm shift,the systematic arrangement of patent compulsory licensing(CL)for climate change has been embodied within moral and ethical values subject to empirical constraints.The substance of climate justice proves to be practicality,so it is consistent with the interpretation of Legal Pluralism.Thus,there would be an overlap between Environmental Synergy Theory,Patent Instrumentalism and Legal Pluralism in terms of climate justice when it comes to patent compulsory licensing.This belief is the assumption of the new paradigm.Facing increasingly harsh climate change,the international technology transfer(TT)system collapses in the concerned international legal regimes of climate change;As the other facet of Technical Solution,the system of patent compulsory licensing in the TRIPs+Doha mode makes less sense.The thesis mainly examines the "Tragedy of Commons" of TT and the "Tragedy of Anticommons" of CL.It is argued that the conflict between "privatization of public rights" and "publicity of private rights" occurs within whether climate-related patents are public goods or quasi public goods.This thesis emphasizes the paradigm shift,explores the explanation of Environmental Synergy Theory,and highlights the redemption through Legal Pluralism.The main body of this thesis consists of three sections: Introduction,Text and Conclusion.The text is split into four chapters.The author deals with Chapter One,that is,Introduction,principally by measuring the prevailing technical mechanisms for climate change,and putting forward Technical Solution regarding the practice of the international treaties on climate change.By clarifying the research status at home and abroad,the thesis demonstrates the relationship between the international technology transfer system and the patent compulsory licensing regime.The author also attempts to show that the existing logic of the compulsory licensing for climate patents is not adequate,and find the way of argumentation by climate justice through scrutinizing the continuing analogy of the compulsory licenses of pharmaceutical patents.It is pointed out that the two are "Tragedy of Commons" packed with individual interference and "Tragedy of Anticommons" packed with collective interference.The interaction lies on the issue of Public Goods.Readers might find from Chapter Two to Chapter Five that this thesis symmetrically discusses the dilemma of "privatization of public rights" and the "publicity of private rights" in the system of patent compulsory licensing.Through the analysis,this thesis indicates the paradigm shift,which is based on Environmental Synergy Theory and Patent Instrumentalism,and confirms the legitimacy of the compulsory licensing for climate-friendly patents through Legal Pluralism of Climate Justice.The author makes a conclusion,as regards the previous discussions,drawn from moral-and-value-level understanding of the new paradigm of the patent compulsory licensing,and stresses that patent law should be reshaped in the dualism of fact and value.The thesis concludes by reinterpreting when and how to implement patent compulsory licensing.