Research The Construction Of Compulsory License System For Green Technology Patent

The increasingly serious environmental problems are constantly arousing people’s nerves,and the emergence of green technology has brought light to environmental governance.Countries have put green technology in an important strategic position and actively promoted the innovation,promotion and application of green technology.However,the economic strength between countries is far from the gap in innovation of green technology,the core green technology is closely protected by patent system in developed countries.The innovation strength of developing countries is insufficient and the patent application of developed countries can not be obtained,and the environmental problems are nowhere to be discussed.In recent years,international organizations have continuously advocated developed countries to transfer their own green technology to developing countries,but the effect is not good.So proposed to use the patent compulsory licensing system to realize the transfer of technology.This is the perfect opportunity for our country to introduce green technology to deal with environmental problems through the system.However,by searching the current patent laws and regulations of our country,it is found that the patent laws and regulations have no preference for green technology,and there is no compulsory license for green technology patents.There is a conflict between the applicable demand of the system and the legislative provisions,so it is necessary to explore the construction of the compulsory licensing system of green technology.The main body of the article is divided into three parts.The first part clarifies the necessity of the system construction by combing the background of the compulsory licensing system of green technology patent.Serious environmental problems force countries to find solutions,and through compulsory licensing of green technology patents can promote technology to solve environmental problems.Therefore,the establishment of international conventions promotes the system,and some countries also explore the construction of relevant systems.The establishment of this system has a great role in promoting the solution of global environmental problems.The second part is to study the path of our country’s institution construction First of all,by combing the present situation of our country’s legislation,it is found that the compulsory license of general patent is not enough to deal with the particularity of green technology patent,so it is necessary to construct a more perfect institution.Secondly,the practice of drug patents and the provisions of international conventions provide feasibility for the construction of the institution,and two construction paths are obtained after combing the current research literature.Finally,through the analysis of the construction path,select and reconstruct the construction path of interpretation theory.The third part is based on the theory of interpretation to carry out the construction of green technology patent compulsory licensing system.After making clear the deficiency of the existing system,according to the logic of the system of patent compulsory license system,improving the institution from four aspects:applicable conditions,procedure of implementation,remedy of patent right and system auxiliary rules.