Research On The Dilemma And Perfection Of The Development Of Green Patent System In China

Green development has become a national development concept,the supply-side structural reform is in full swing,the development of low-carbon industries and the circular economy has become an important strategic policy to improve a country's international competitiveness,and increasingly fierce technological and institutional competition is taking place in the field of green technology.In the process of strengthening the protection of the patentee's private right and the expansion of the patented technology,the problem of environmental resources has become an important obstacle to the economic development.Faced with the challenge of environmental crisis,sustainable development requires the re-evaluation of all laws from the perspective of environment,so the green patent system was born with the ecologicalization of legal vision and the ecologicalization of patent law.Green patent system is based on the existing patent system,so as to promote sustainable economic development as the goal,to penetrate ecology principle to the traditional patent system,based on the principles of ecology of patent application for examination and approval procedures,granting conditions,the license after the specialization of specific content such as design to form a kind of pursuit of economic benefits,social benefits and environmental benefits of coordinated development of the patent system.Compared with the traditional patent system,the green patent system is a special set of internal systems integrated with the concept of environmental friendliness in the current patent system.It emphasizes that environmental justice and ecological ethics should be taken into consideration in the establishment,modification and rejection of patent regulations.Although China has clearly stipulated that no patent right shall be granted to technology that seriously pollutes the environment,and regulations concerning priority examination of green patents have been issued,there are still problems suchas ambiguous legislative boundaries and unclear policy intentions.The green technology is an important support for the development of green economy.The green patent system is the institutional basis for the research,creation and improvement of green technology.In view of the present situation of the current ecological environment in China,this paper studies the green patent system in China from three aspects: legislation,policy and practice.In the first chapter,through the study of the basic theory of the green patent system,it shows the urgency of improving the green patent system in China.In the second chapter,by introducing the current legislation,policy and practice of China's green patent system,it analyzes the existing deficiencies of the system and deeply analyzes the underlying reasons for its problems.In the third chapter,through the analysis of relevant provisions of international treaties,the experience of countries outside the region on the construction of green patent system is explored,in an attempt to provide a reference for the development and improvement of China's green patent system.In the fourth chapter,based on China's national conditions,it puts forward some Suggestions to improve China's green patent system.By discussing the related issues of green patent system,this paper tries to further explore the institutional basis that can realize the win-win situation of environmental protection and scientific and technological progress from the perspective of ecological civilization,so as to provide some references for promoting the transformation and upgrading of China's industrial structure and promoting the process of sustainable development.