Research On Green Technology Patent Compulsory Licensing

Environmental problems such as air pollution,climate warming and water pollution are becoming increasingly serious,giving rise to green technologies aimed at saving resources,improving energy efficiency and preventing pollution.Whether it is the general trend of "green revolution" of energy saving and emission reduction all over the world,or the major strategic decision of "carbon peak" and "carbon neutral" in China,it has brought unprecedented opportunities for the development of green technology.meanwhile,it also bring a challenge for the patent protection of green technology.The protection of green technology under the traditional patent system is in conflict with the industrial characteristics of the ecological environment,and the compulsory licensing of green technology patents is considered as an important system to resolve this conflict,promote the application and transfer of green technology patents,maintain the ecological environment and protect public health.However,the current research and legal practice on this system cannot meet the actual needs.Starting from the environmental and technological background,this thesis takes the main focus is on the establishment of a compulsory licensing system for green technology patents,uses analytic historical process,comparative process,literature method and other analytic methods,conducts a more systematic study on whether the green technology patent compulsory licensing system should be constructed,whether it can be constructed and how it should be constructed,responds to the theoretical controversies related to the green technology patent compulsory licensing,collects and organizes the data related to the green technology patent It also analyzes and compares international law and the system of compulsory licenses for pharmaceutical patents and establishes a systematic concept of the legal framework for the system of compulsory licenses for patents on green technologies.Excluding the introduction,this thesis is made up of four parts:In the first part,through the introduction of the current situation of environmental degradation,the generation of green technology and its patenting,and the function of the system of compulsory licensing of patents,the research topic of compulsory licensing of patents for green technologies is introduced.Green technology patent compulsory licensing is not only a practical need to promote the construction of ecological civilization,but also an optimal way to eliminate the contradiction between patent monopoly and market development of green technology industry.The second part is the analysis of the necessity of constructing a compulsory licensing system for green technology patents in China.On the one hand,under the current international economic background,the traditional patent system is not conducive to the promotion and transfer of green technology.In order to protect the ecological environment,governments,relevant enterprises and international organizations have introduced or spontaneously constructed various systems to promote the application of green technology.However,compared with the compulsory licensing system,these systems for promoting the application of green technologies often lack compulsory or are detached from the market,thus affecting their efficacy,so compulsory licensing of green technology patents is more necessary.On the other hand,the opposing views of the academia against the compulsory licensing of green technology patents are mostly difficult to be self-contained and lack of data support.The third part analyzes whether the green technology patent compulsory licensing system can be constructed based on theories,data and current laws.First,the construction of green technology patent compulsory licensing has a solid theoretical foundation;second,the analysis of green technology patent data shows that the construction and operation of this system has sufficient external conditions;third,the green technology patent compulsory licensing system has abundant domestic and international law bases;fourth,the structure and operation of the system of compulsory licenses for pharmaceutical patents provides a reference for green technology patent compulsory licensing.Fourthly,the construction and operation of the system of compulsory licenses for pharmaceutical patents provides a reference for compulsory licenses for green technology patents and clarifies its feasibility.In the third part,the feasibility of a system for granting compulsory licenses for green technologies in China is analyzed from the perspectives of theory,data and current legal background.In China,the construction of green technology patent compulsory licensing has a solid theoretical foundation,and the analysis of green technology patent data shows that the construction and operation of this system has sufficient external conditions and rich bases in domestic and international laws.In addition,the construction and operation of the compulsory licensing system for pharmaceutical patents also provides a model and mirror for the establishment of the compulsory licensing system for green technology patents.The fourth part is the concrete idea of the compulsory licensing system for green technology patents.Although the different approaches to implementing compulsory licensing of patents for green technologies are all based on the protection of public interest,the theoretical basis,construction procedures and even implementation difficulties of each approach are different,and the focus of each approach also differs.By comparing the mainstream path selection doctrines,it can be seen that the best choice is to add green technology patent compulsory licensing as a new compulsory licensing cause and then build an independent green technology patent compulsory licensing system.Of course,this will require systematic institutional arrangements for the scope of application,application review and other implementation procedures as well as the relevant supporting rules of green technology patent compulsory licensing.