本文從政治哲學(xué)的角度出發(fā),運(yùn)用利益概念的相關(guān)理論,通過與藥品領(lǐng)域的專利強(qiáng)制許可制度進(jìn)行比較分析,嘗試提出中國的專利強(qiáng)制許可制度在可再生能源技術(shù)領(lǐng)域中實施的必要性。
Renewable energy sources, such as wind, solar, geothermal, ocean, biomass, and waste-to-energy9 have attracted wide attention and developed rapidly in many parts of the world. However, most of renewable energy patents are held in developed countries, which play important roles in developing renewable energy technology. This restricts the use and development of renewable energy sources to some extent.
A compulsory license permits a government (or a third party authorized by the nation) to use a patented invention without pernussion of the patent owner in exchange with the payment of a govemment's determined royalty. Therefore, in order to promote renewable energy technology in developing countries, appropriate restrictions of the right of patentee of renewable energy technology are worthy of exploration. This paper purposes to argue that compulsory licenses should be introduced into renewable energy sector in China and to explore system design by means of analyzing a variety of interests stemming from a political philosophy perspective.
In Chapter 1, after making a review of existing researches including the literature on compulsory licenses, pharmaceutical industry and environment-related field, I pointed out the following limitations of existing researches. First, besides pharmaceutical industry there is no research from a perspective of political philosophy in renewable energy technology. Second, the research of compulsory licenses in a specific country is also rarely studied. China is undergoing problems by haze and looking forward to bringing about changes. Based on my assessment of the literature, the objective of my research is to analyze the current situation of Chinese compulsory license system and to propose a new mechanism of such license by developing concepts and ideas utilized in the politic-philosophical literature on the idea of interest.
郭美蓉,女,日本東京工業(yè)大學(xué)博士、上海交通大學(xué)凱原法學(xué)院博士后。主要研究方向為知識產(chǎn)權(quán)法、網(wǎng)絡(luò)信息法等。
Chapter 1 Introduction
1.1 Background
1.2 Scope and Terminology
1.3 Review of the Literature
1.4 The Objective and Structure of This Study.,
Chapter 2 Patents and Compulsory Licenses
2.1 Current Situation of Renewable Energy Technology Patent in the World
2.2 The Mechanism and Its History
2.3 International Legal Framework
2.4 Compulsory license in China
Chapter 3 Concept of Interest
3.1 Different Conceptions of Interest
3.2 Public Interest
3.3 Interests in Compulsory Licenses
Chapter 4 Interests in the Field of Renewable Energy Technology
4.1 The Extended Public Interest
4.2 Interest as Welfare and Interest as Resource
4.3 Volitional Interest and Reflective Interest
Chapter 5 Proposal for System Design
5.1 The Current Legal Framework of Compulsory License
5.2 Possible Implementation Situation of Chinese Compulsory License
5.3 Proposals for Improving Compulsory License
5.4 Implementation Challenges
Chapter 6 Conclusion
6.1 Summary of Each Chapter
6.2 Future Work
References
Acknowledgement
Appendix
A compulsory license permits a government (or a third party authorized by the nation) to use a patented invention without permission of the patent owner in exchange with the payment of a government’s determined royalty. Therefore, in order to promote renewable energy technology in developing countries, appropriate restrictions of the right of patentee of renewable energy technology are worthy of exploration. This paper purposes to argue that compulsory licenses should be introduced into renewable energy sector in China and to explore system design by means of analyzing a variety of interests stemming from a political philosophy perspective.