Research on Patent Law and Policy of Promoting Clean Technology Transfer
|School||Huazhong University of Science and Technology|
|Keywords||Clean Technology UNFCCC TRIPS Agreement Intellectual Property Rights Compulsory License|
Clean Technologies are crucial for mitigation of climate change. Therefore,the United Nations Framework Convention on Climate Change(UNFCCC）,TRIPS and other international documents under this frameworkprovide that the developed countries are obligated to transfer such Clean-Tech to thedeveloping countries. Yet, technology transfer to developing countries is not efficient.China is a fast growing developing country, in the post Kyoto Protocol period, we willtake further measurements under requirements of the UNFCCC to address climatechange. Thus it is of great practical significance to improve local regulations andpolicies.In this paper, the structure is divided into six chapters:The first chapter first describes the concept, characteristics and mode of clean-Tech transfer, and the effect of intellectual property protection on patent and non-patent technologies, as well as the different view on intellectual property protectionfrom developed and developing countries.The second chapter analyzes the International Convention on clean technologytransfer, although UNFCCC has proposed a financial and technology mechanismand made a lot of good wishes, the effect is not obvious. TRIPS Agreement, which isreached under the auspices of developed countries, lack of consideration fordeveloping countries is biased.The third chapter, which based on wind power industry, photovoltaic industryand the nuclear industry, describes the status of clean technology fromextraterritorial, then, analyze problems.The fourth chapter is to introduce three voluntary license modes for clean-tech,analysis three modes for open innovation of clean technology transfer and theirlimitations. What’s more, there is a profound argument on compulsory licensing applied for clean technology. On this basis, we try to further explore a better systemand policy for clean technology transferring smoothly.We should be good to take advantage of the flexibility provisions of the existingsystem, to promote the transfer of clean technology, and actively participate intackling the challenge of global climate change, and make due contribution forsustainable development of human society.