Has China Established a Green Patent System? Implementation of Green Principles in Patent Law

Ye Wang ()
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Ye Wang: Law School, Hunan University, Changsha 410082, China

Sustainability, 2022, vol. 14, issue 18, 1-20

Abstract: The goal of high-quality economic development proposed by China has defined the sustainable development concepts of innovation, coordination, green, openness and sharing. Changes in economic development strategies affect corresponding changes in the legal system. The green patent system has an important impact on sustainable development. This paper looks for evidence at the system level from the three aspects of patent application protection, patent licensing and patent infringement relief, and proves the penetration of the green principle in the patent system, which is mainly reflected in the following points: (1) in terms of patent application, concrete public interest clauses, exclusion of non-green technologies from patentable objects, and open green channels for green technology patent applications to speed up examination; (2) in terms of patent licensing, exploration of the application of compulsory patent licensing to green patents for environmental protection, and improvement of patent open licensing to encourage the open sharing of green patents; (3) in terms of patent infringement remedies, the introduction of the green principle at an appropriate time to limit the right to stop infringement claims, and the application of punitive damages for intentional infringement and serious damage to the ecological environment. The conclusion is that China is currently working to establish a green patent framework, but the specific details have yet to be perfected, and the impact of legislative changes on green technology development remains to be seen. The above steps have gradually established the preliminary structure of green patents.

Keywords: green principles; intellectual property; sustainable development; green patent (search for similar items in EconPapers)
JEL-codes: O13 Q Q0 Q2 Q3 Q5 Q56 (search for similar items in EconPapers)
Date: 2022
References: View complete reference list from CitEc
Citations: View citations in EconPapers (4)

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