A Study on the Patent Protection of Environmentally Sound Technology
| Autor: | Zhuo-Wei Wang, 王卓瑋 |
|---|---|
| Rok vydání: | 2016 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 105 As the environmental problems get increasingly serious, hundreds of millions of people are influenced by the catastrophic consequences that follows. Disastrous climate phenomena are threatening the human survival and development. While as a crucial method to improve the environment, environmentally sound technologies (ESTs) can help the humankind to solve the environmental problems with its effects of energy conservation and environment improving. However, to make the max of its environmental benefits, we, on the one hand, have to strengthen the protection of ESTs to encourage more investment on research to ensure that there will be more new technologies emerging. On the other hand, we have to make sure that such ESTs can be fully applied rather than staying on the blueprints. And as an important way to transfer the technical solutions into commercial products, the patent system has to be modified to accommodate the need for the protection and diffusion of ESTs in the present of serious environmental problems. This article includes 7 chapters starting from pre-grant stage and post-grant stage measures of patent system and attempts to review and re-consider the present patent system. The chapter 1 mainly introduces the critical situation of environmental problems and climate change issues, reviews the background and research status of ESTs and patent’s related issues, and puts forward the basic idea and research methods of this article. The chapter 2 mainly introduces the basic notion of ESTs and its development status. Also, this chapter reveal the problems and dispute concerning on EST patents and patent law. The chapter 3 starts with issues on patent examination, it introduces and reviews the accelerated examination system in several countries and discusses the proposal of introducing the greenness standard into the patentability requirement. The chapter 4 mainly discusses the issues on compulsory licensing and technology transfer. Firstly, this chapter analyzes the effect of compulsory licensing in the diffusion of ESTs, then it introduces the special clauses of pharmaceutical patents’ compulsory licensing and its inspiration on ESTs’. Finally, this chapter reviews the compulsory licensing clause in Clean Air Act of the United States of America and its inspiration. The Chapter 5 starts with introducing two cases, Paice LL.C v. Toyota Corp. and Wuhan Jingyuan flue gas desulfurization method patent case. After reviewing the cases, this chapter poses the idea of using the on-going royalty instead of injunction in the patent infringement dispute of EST patents and discusses its pros and cons. The chapter 6 of this article mainly introduces several mechanisms that can help the transfer of ESTs including Green Patent Pool and the open licensing of technologies from public sectors and discusses such mechanisms. The last chapter concludes the issues discussed above and pose the conclusion of this article with some advices on further research. This article argues that to promote the protection and dissemination of EST patents, we have to think both in pre-grant stage and post-grant stage. In pre-grant stage, we can take the position that in favor of patentees and help the EST patents to be granted more quickly. In post-grant stage, we can take the position that in favor of licensees. Under the premises of ensuring the right of patentees, we can orient our policy to promote the practice and dissemination of EST patents. By modifying the patent examination system, compulsory licensing system, patent infringement relief system, we can hopefully establish a patent system that can promote the protection and dissemination of ESTs. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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