A Study On The Legal Issues Of Green Patent

With the continuous advancement of science and technology, rapidly development of economy and continuous prosperous of human civilization, environment deterioration is becoming a global problem which is increasingly catching widespread attention from the whole society. In the course of exploring solutions to environment problems, the innovation and application of green technology are undoubtedly the most fundamental method to solve these problems. By this time, the function of the intellectual property, especially the patent system, which is closely connected with the innovation and application of green technology, is gradually increasing in promoting technological innovation, transfer and application. Under this circumstance, our country should, on account of its basic national conditions and reality, learn from the relevant foreign legislations and practices and establish a set of environment-friendly patent system with high practical operability in order to deal with the challenges brought by the environment problems so as to realize the harmonious development of environment, economy and society.In the study of this thesis, he author find that some foreign countries have realized the challenges brought by the environment problems and began to establish a series of legislations and polices and take a package measures related to green technology patent to encourage and promote the innovation and application of green technology. What’s more, they start to dominate the field of green technology so as to enhance their international competitiveness while solving the environment problems.This thesis mainly, through analyzing the relevant international conventions, which are beneficial to the construction of China’s green patent system, such as Paris Convention and TRIPS Agreement, exploring the related legislations and practices in some countries like UK and the US and drawing lessons from them, conduct a study on the status quo of China’s relevant legislations and practices based on our country’s national conditions, and then puts forward some suggestions for the construction of China’s green patent system.