Construction of Chinese green patent system under the concept of green development(PDF)
《长安大学学报（社科版）》[ISSN:1671-6248/CN:61-1391/C]
- Issue:
- 2017年02期
- Page:
- 117-124
- Research Field:
- 法学
- Publishing date:
Info
- Title:
- Construction of Chinese green patent system under the concept of green development
- Author(s):
- Qin Qian
- School of Law, Xi’an Jiaotong University, Xi’an 710049, Shaanxi, China
- Keywords:
- ; green development; green technology; green patent system; patent examination; patent compulsory license
- PACS:
- D923.42
- DOI:
- -
- Abstract:
- By aiming at the problem of relationship between patent system and green technology, and analyzing Chinese relevant patent laws and regulations, this paper found that the existing system was still based on technical neutrality and didn’t reflect guidance and inspiration of green technology. And green patent system hasn’t been established; in view of this, this paper discussed construction of green patent system from three dimensions: theoretical source, analysis of legal basis and comparison of international practice. Research shows that proposition of green development further highlights the necessity of construction of green patent system in China, whether it is started from relationship between green technology and construction of ecological civilization, or from the perspective of green patent system promoting green economy; at the same time, green development theory is further put forward and perfected on the basis of sustainable development. It emphasizes the unified development of regularity and purpose, and involves social, economic, political, ecological and cultural aspects, which provides a theoretical basis for construction of green patent system; by comparative analysis of the United States, Britain, Japan and other countries which shorten patent examination time, provide conditions and funding for green patent applications, and use compulsory license system and other green patent system experience, this paper suggests that China should build a green patent system as soon as possible so as to gear to international standards with the combination of present situation of Chinese legal system and demand of economic transformation; construction of Chinese green patent system should include “green standard” as the establishment of substantive conditions of green patent licensing, the increase of special procedures for green patent examination, the special design of green patent compulsory license system, the establishment of incentive mechanism for green patent creation and the development of supervision mechanism for green patent implementation. Among the five core links, the design of green patent compulsory license system needs to grasp the best balance of benefits between incentive and restriction, and makes special green patent compulsory license measures to correspond with the patent law of the People’s Republic of China.
Last Update: 2017-05-23