| In recent years,the global industrialization process has progressed significantly,leading to environmental problems and serious damage to the ecological environment on which human beings depend,and countries have begun to actively increase the research and development,promotion and application of green technologies.Green technology is of strategic importance and can help to cope with environmental crisis and promote sustainable economic development.In addition to preventing infringements such as plagiarism,misappropriation and imitation,the existence of patent rights can also effectively protect the technological innovation and commercialization of green technologies,so as to achieve the long-term goal of environmental protection and sustainable development.the Paris Climate Change Agreement adopted in 2015 clearly points out the use of patent compulsory licensing to achieve the transfer of green technologies.How to effectively implement the green patent compulsory licensing system has triggered extensive discussions around the world,but in China,because of various factors,the promotion of green patent compulsory licensing has always been stagnant,and the progress of green patent general licensing is also relatively slow,making the transfer and promotion of green technology difficult,which is contrary to the original intention of China to actively implement the double carbon plan to solve environmental problems,and for China’s green patent implementation licensing This is contrary to the original intention of China’s active implementation of the double carbon plan to solve environmental problems.For the slow promotion of the green patent licensing system in China,it is necessary to sort out the dilemma it faces,explore a new way out of the green patent licensing that is suitable for the current development,and better play the green patent as a solid force to cope with the environmental crisis and achieve green and lowcarbon development.This paper takes the dilemma of green patent licensing as the base point of research,adopts literature analysis,data analysis and comparative research method,etc.on the basis of theoretical analysis,combines domestic and foreign legislation and judicial practice,and tries to propose the solution path of the dilemma of green patent licensing.This paper is divided into five parts,which are as follows: the first part is the introduction,which introduces the background of the current research on green patent licensing and the current situation of domestic and foreign research,and makes a preliminary elaboration of the research content of this paper;the second part is the analysis of the connotation of green patent licensing,which firstly discusses the connotation of green technology and green patent,green patent licensing and other related concepts,and then discusses the existing international conventions,the United Kingdom,the United States,Brazil and other countries.The third part is the development of green patents in recent years,and the data shows that the development of green patents has been very hot,but there are still problems such as short maintenance period of green patents,poor transfer of general licenses,and no implementation cases of green patent compulsory licensing.The fourth part proposes a dual solution mechanism for green patent licensing in response to the aforementioned difficulties,proposing to build an open licensing mechanism for green patents and improve the judicial compulsory licensing mechanism for green patents,so as to promote the implementation of green technology through the combination of the dual mechanisms of active incentive and passive compulsion.The fifth part discusses how the mechanism can be effectively implemented,and on this basis,it analyzes the actual situation and makes relevant suggestions in terms of incentive policies,licensing reasons and licensing fees,so as to provide reference for the formulation of policies and laws on green patent licensing. |
