IDEAS home Printed from https://ideas.repec.org/a/gam/jsusta/v14y2022i18p11152-d908284.html
   My bibliography  Save this article

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

Author

Listed:
  • Ye Wang

    (Law School, Hunan University, Changsha 410082, China)

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.

Suggested Citation

  • Ye Wang, 2022. "Has China Established a Green Patent System? Implementation of Green Principles in Patent Law," Sustainability, MDPI, vol. 14(18), pages 1-20, September.
  • Handle: RePEc:gam:jsusta:v:14:y:2022:i:18:p:11152-:d:908284
    as

    Download full text from publisher

    File URL: https://www.mdpi.com/2071-1050/14/18/11152/pdf
    Download Restriction: no

    File URL: https://www.mdpi.com/2071-1050/14/18/11152/
    Download Restriction: no
    ---><---

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Bei Wang & Hong Chen & Ruiqi Chen & Weiting Zeng & Lechuan Ye, 2023. "Does the Green Development of Cities Need High-Level Opening Up? A Quasi-Natural Experiment Based on China’s Pilot Free Trade Zone," Sustainability, MDPI, vol. 15(7), pages 1-20, March.
    2. Essossinam Beguedou & Satyanarayana Narra & Komi Agboka & Damgou Mani Kongnine & Ekua Afrakoma Armoo, 2023. "Review of Togolese Policies and Institutional Framework for Industrial and Sustainable Waste Management," Waste, MDPI, vol. 1(3), pages 1-18, July.
    3. Xu, Aiting & Song, Miaoyuan & Xu, Shenyi & Wang, Wenpu, 2024. "Accelerated green patent examination and innovation benefits: An analysis of private economic value and public environmental benefits," Technological Forecasting and Social Change, Elsevier, vol. 200(C).

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:gam:jsusta:v:14:y:2022:i:18:p:11152-:d:908284. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: MDPI Indexing Manager (email available below). General contact details of provider: https://www.mdpi.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.