Intellectual Property Rights and Patented Knowledge: Implications for Financing Leases in the Clean Energy Sector of China

Zhenyu Zhang (), Ke Zhu and Jiaxuan Qu
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Zhenyu Zhang: Taiyuan University of Technology
Ke Zhu: Central South University
Jiaxuan Qu: Northwest University

Journal of the Knowledge Economy, 2024, vol. 15, issue 3, No 90, 12472-12502

Abstract: Abstract The clean energy sector in China is predominantly composed of small- to medium-sized specialized enterprises renowned for their innovative prowess. However, these enterprises have long grappled with the conundrum of securing sustainable financing for their growth and development. A promising avenue to address this issue lies in leveraging their advantages through financial leasing patent rights. This approach not only holds significant development potential but also promises to alleviate their financing constraints without interrupting the day-to-day utilization of these patents. Despite its promise, the landscape of financial leasing of patent rights in China is marred by a myriad of challenges. These challenges encompass ambiguities surrounding the definition of such leases, the complexities of establishing legal patent ownership, qualifications required for clean energy enterprises, tax incentives, and the disclosure of accounting information. Drawing insights from international experiences and the current state of patent financing leases in China, this study advocates for the promotion of standardized practices within the realm of patent financing leases in the clean energy sector. Key recommendations include a call for clear and comprehensive legal provisions governing patent right financing leases, strategies to preempt patent defects and mitigate potential litigation disputes, the enhancement of supporting legal frameworks tailored to the unique needs of clean energy enterprises engaged in financing leases, and the elevation of legal awareness among clean energy enterprises regarding this innovative financial mechanism. These measures collectively aspire to foster a more conducive environment for the clean energy sector, where financing hurdles are transformed into stepping stones toward sustainable and environmentally responsible energy solutions.

Keywords: Renewable energy financing; Clean technology patents; Intellectual property transactions; Energy innovation financing; Legal aspects of patent leasing (search for similar items in EconPapers)
Date: 2024
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DOI: 10.1007/s13132-023-01596-z

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