Research On The Auto Parts Remanufacture From The Perspective Of The Green Patent System

With the continuous development of automobile industry in China, car ownership hasraised sharply, so that the number of scrapped automobiles and their parts increases, whichif disposed of improperly, would not only be a waste of resources, but also pollute theenvironment. China’s auto parts remanufacture industry emerged precisely in the historicalbackground of sustainable development strategy, developing recycling economy and theconstruction of ecological civilization, and got encourage and support from the country’spolicy. However, Reconstruction Infringement in the patent law has become a bottleneckrestricting the development of automobile part remanufacture industry. Remanufacture,from the perspective of its external form, belongs to the implementation and manufactureof a new product indeed, however, identifying remanufacture as patent infringementwithout exception, is undoubtedly contrary to the goals of public policies likeenvironmental protection protected by patent law.This article begins with pointing out that the remanufacture and reconstruction areessentially different, so the results of their behavior should also be different in thejudgment of patent infringement. Remanufacture should not be entirely identified asreconstruction infringement. As to the predicament of identification of remanufactureinfringement such as the limitations of scope of application of the patent exhaustiondoctrine, theory constraint of too much emphasis on the differences between repair andreconstruction, as well as the complexity of infringement identification, based oncomprehensively considering the environmental resources factors, the public policy andthe balance of interests mechanism, the author proposes a way to get out of thepredicament-construction of green patent system, in which the author gives a detailedanalysis of the reasons why the environmental protection factors should be included in thepatent system from the necessity and feasibility as well as the theoretical basis.At the end of this paper, the author raised some specific institutional arrangements,such as the inventor responsibility extension system, the patent infringement defensesystem based on the protection of the interests of environmental resources, ecological patent infringement liability, which is aimed at solving the predicament of identification ofremanufacture infringement and promoting the development of China’s auto partsremanufacture industry.