Construction Of Green Patent Alliance

This dissertation will discuss the Green Patent Alliance is different with general Patent Pool that its a nonprofit environmental organization, which patents are contributed to the Alliance is left to the discretion of each businesses and patent owners, then will be open to all. The Alliance require the businesses and patent owners may only pledge patents that directly or indirectly improve or protect the environment and ecology of our planet. This is the biggest innovation. Green Patent Alliance on the international patent experience is the Eco-Patent Commons, which founded by the World Business Council for Sustainable Development(WBCSD),the patents within the Eco-Patent Commons will be situated within a single searchable web site hosted by the WBCSD where the patents will be made available for free use. In this manner, the Alliance can promote the spread of environmentally friendly technologies and innovations, and to make efforts to improve global environmental issues. Green Patent Alliance since its inception has been questioned by some experts: The company is a for-profit organization purposes so that some patents that provide environment benefit may be at the core of a company's business and these will not be relinquished. However, these companies or owners donated green patents are not necessarily their core patents, they may hold some patents that provide environmental benefit that do not represent an essential source of business advantage for them and these could be produce environmental benefits for other companies. The Green Patent Alliance is put forward a new theoretical framework using the principle of patent law where from improving the environment, promoting green technology transfer point of view, to make up for the shortcomings of traditional patent law system and it's better to maintain the balance of public and private interests.Therefore, There will be a huge role in promoting in our country if the civil society and the individual patent holders the power to organize, rather than simply depend on the country and the government's policy, especially in our country where have a huge patents and a serious environmental problem, In addition, a huge number of companies in terms of patents and also an opportunity to promote a sharing among, and through alliances this platform, we can further cooperation and development of new technologies between the existing rights of people or companies. Now,the green patent alliance still faces a big problem which is elaborated in Part IV. Therefore, our patent on Green Alliance to build on these issues from incentives, preferential terms, government guidance, etc. aspects, with the market and the government forces to promote the success of green patent pool to build and run, bound to our knowledge bring a better innovation and development in the field of property rights.In this dissertation, in addition to the introduction and conclusion, it is divided into five parts.The first part introduces the basic meaning of the definition of green patent alliance, the difference with the general patent pool. The Green patent alliance is an initiative to create a collection of patent that directly or indirectly protect the environment. The patent are pledged by companies and other intellectual property rights holders and are made available to anyone free of charge.The alliance is a resource for connecting those who have had success with a particular challenge in a way that benefits the environment and those who are facing similar challenges.Alliance is a nonprofit environmental organization what reflect that a trend in global corporate environment management.The Green patent alliance by allowing new members to join or get free resources to further innovation.For example,improvements-working on the gear rather than reinventing the wheel.Thus, through the exchange of experience in intellectual property rights to show, but also further promote innovation.The alliance provide an avenue by which innovations and solutions may be easily shared to accelerate and facilitate implementations to protect the environment and perhaps lead to further innovation.The second part introduce that building the green patent alliance is legitimate,the basic of building green patent alliance will be discussed.In order to promote economic development that by studying the development of green technology what is the need of the times.In this context, patent law also requires more to adapt to the times, to promote the progress and sharing technology.We should to build the green patent alliance that promoting the environmentally friendly development.The third part is how to learn from foreign experience,The WBCSD is a global organization that committed to promoting global force to improve the environment, mitigate the environmental crisis.In addition, an international conference document "Declaration on the Human Environment", "United Nations Framework Convention on Climate Change", "Kyoto Protocol" and so on. Although not related to the patent pool to build green issues directly.However, these documents confirmed that the technical meeting is to deal with environmental pollution and to protect the fundamental environment.Where technology transfer and sharing are the most important and most critical measures.The spirit or the provisions of the meeting lay the theoretical foundation for the construction of green patent alliance,in which the various useful attempt, such as the Clean Development Mechanism, the Expert Group on Technology Transfer etc, provides a theoretical and practical experience in the construction for the later patent green alliance.But TRIPs agreement is not consistent on patent protection and international environmental conventions advocated States should put aside their differences temporarily abandon the interests of working together to solve global environmental problems of the spirit.TRIPs agreement patent developing countries privatization and its various comprehensive protection measures, to a certain extent those most in need of environmental friendly technologies placed in a very disadvantageous position.The differences between them result in the transfer of environmentally friendly technologies more difficult, and builds on the green patent alliance just resolved their differences patents privatization and environmental rights of the public interests.Its role in irreplaceable in climate change and technology transfer.Construction of Green Patent Alliance in our country should to learn from international experience,and combined with market forces and double the government's attempts to establish a variety of useful mechanism, so that to improve China's environmental problems as soon as possible to make effective measures.The forth part of this section introduce the international green patent alliance formation and run the program.The WBCSD established the Eco-Patent Commons from2008 to record the existing seven years now,that is still in perfect stage. But in the context of the development of the green economy, the problem is particularly urgent and necessary.How to solve the key problems of the current international ecological construct patent sharing program encountered, this mechanism can become a green core patent technology transfer mechanisms.The fifth part is how to design the Green Patent Alliance system, which is a core part of this article.I will suggest that mainly from authorization conditions and dynamic mechanism to build green patent alliance in our country.In addition,We should also to improve the construction of relevant laws and regulations and to build alliances to provide institutional guarantees.In particular, it proposed that the roles and responsibilities of government in building green patent league should play a bear.On the one hand,the government should make every effort to provide support and guidance for the establishment of the Union,on the other hand,the government should not intervention too much especially direct intervention League run.How to set the government's functions is a essential question that guarantee the alliance smoothly establishment and operation.