Research On Intellectual Property Rights In International Transfer Of Climate Friendly Technology From The Perspective Of TRIPs Agreement

The climate crisis is becoming more and more serious,posing a threat to human survival environment.The application of climate-friendly technologies is one of the important ways to mitigate climate degradation,and the transfer of climate-friendly technologies can expand the scope of technology application and generate global effects of climate degradation.However,in practice,the transfer of climate-friendly technologies at the international level has been affected by political,economic and other factors.Based on the existing provisions and mechanisms of the international intellectual property system,this paper studies the possible impacts on the transfer of climate-friendly technologies in order to explore feasible ways to facilitate the international transfer of climate-friendly technologies.Climate-friendly technology is a more sustainable processing and production technology with the potential to mitigate or adapt to global climate change.It has the character of technical and it is often manifested as patented technology and Know-how.At the same time,this technology has the significance of public benefit because of its effect on mitigating climate deterioration.International environmental law and international intellectual property law provide an institutional basis for the transfer of climate-friendly technologies,and contain the commitment of developed countries to transfer climate-friendly technologies to developing countries,But the implementation of climate-friendly technology transfer is difficult.The reason is that in the field of international intellectual property rights,intellectual property rights are overprotected by Agreement on Trade-Related Aspects of Intellectual Property Rights.There are aspects which affect the international transfer of climate-friendly technologies:the lack of theoretical support for environmental public welfare protection,the application of high standards for the protection of intellectual property rights,the ambiguity of flexible provisions.The atmospheric environment is a public good because of air fluidity.The characteristics of atmospheric mobility make everyone a victim or a beneficiary of climate.Global efforts are needed to solve the question,among which technological innovation and technology transfer are one of the key means.It is one of the feasible ways to coordinate the international intellectual property system and the international transfer of climate-friendly technologies.Clarifying the related provisions of Agreement on Trade-Related Aspects of Intellectual Property Rights,incorporating environmental protection into the scope of public interest protection,improving the intellectual property rights protection standards and compulsory licensing system are good to the solution of the problem.Each country may formulate a system corresponding to its own national conditions.For China,it can facilitate the development and transfer of climate-friendly technologies by greening the intellectual property system,and actively promote relevant international negotiations and strengthen international cooperation.