Research On International Technology Transfer And Intellectual Property Rights Protection Under Clean Development Mechanism

The holding of Durban Climate Conference gave new hope to Kyoto Protocol whose first commitment period will expire at the end of2012. Advanced energy-saving and emission-reducing technology is the key to supporting and promoting the effective operation of the Clean Development Mechanism project and helping developing countries to achieve energy-saving and emission reduction as well as sustainable development. But due to many obstacles, advanced technology was not really transferred from developed countries to developing countries. Intellectual property rights protection is one of the main obstacles of technology transfer. Therefore, it is particularly important to research intellectual property rights protection and technology transfer under Clean Development Mechanism and give operable policy suggestion.Firstly, this paper uses theoretical analysis method. Starting from the purpose and function of Clean Development Mechanism, this paper gives a qualitative analysis of the costs and incomes of the enterprises in the host countries of Clean Development Mechanism who participate in energy-saving and emission reduction technology transfer. Then this paper gives the effects of participating in Clean Development Mechanism on the welfare of host country, after that, this paper analysis the impact of the strength of intellectual property rights protection on the welfare of developing country under Clean Development Mechanism. On the base of the analysis above, the paper analyzed the difference of the intellectual property rights protection in the technology transfer under Clean Development Mechanism and in general technology transfer, getting the conclusion that Clean Development Mechanism request the desalination of intellectual property rights protection in order to realize international technology cooperation and sharing, while in actual operation of Clean Development Mechanism, the intellectual property rights protection is stronger than that in general technology transfer. On the basis of theoretical analysis, the article introduce many cases to do empirical research respectively on capital gains, advanced technology and sustainable development of the gains and losses of China’s participation in the clean development mechanism project. The analysis shows that the failing of realizing the advanced energy-saving and emission reduction technology transfer is the major problem in the implementation of Clean Development Mechanism project while developed country’s unilaterally emphasis on the protection of intellectual property rights have become one of the important factors that counteract technology transfer. This is the core viewpoint runs through the whole article and the core problem that is needed to be solved. In the study above, the article innovates through setting theory model to analyze the impact of the strength of intellectual property rights protection on developing country’s welfare under Clean Development, considering the host country’s consumer surplus, the selling incomes of products and the additional revenue from the sale of Certified Emission Reductions.