描述
开 本: 16开纸 张: 胶版纸包 装: 平装-胶订是否套装: 否国际标准书号ISBN: 9787509386989
《中国专利强制许可制度的政治哲学研究：以可再生能源技术为中心(英文版)》从政治哲学的角度出发，运用利益概念的相关理论，通过与药品领域的专利强制许可制度进行比较分析，尝试提出中国的专利强制许可制度在可再生能源技术领域中实施的必要性。强制许可是指由政府(或国家授权的第三方)许可在不经过专利人同意的情况下使用其发明专利，但按照政府规定的标准支付对价。因此，为了提高发展中国家对于可再生资源的利用技术，当前对于可再生资源技术的限制有必要探讨和研究。本文的目的在于探讨中国是否应当实施可再生资源方面的强制许可，并从政治哲学的角度出发，通过分析各种利益关系来探讨制度设计。
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
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.
A
huge earthquake accompanied by a tsunami hit off the east coast of Japan,
followed by the explosion of the first, second, and third nuclear reactors in
tum and the burning of the 4th reactor afterwards on March 11, 2011. The
accident and the continued struggle to contain radiation at the 4.7 GW nuclear
facilities have plunged the greater Tokyo area’s electricity sector into a
massive crisis. The nuclear meltdown in Fukushima has underscored that energy
policy is more than just the production, transformation, distribution and
provision of energy. Energy policy can often lead to major encroachments upon
the environment as well as the life and work of human beings （Netzer and
Steinhilber, 2011: 3）. Historically, the nuclear leakage has brought us numerous
disasters, such as the accidents happened in the Three Mile Island and
Chernobyl. The cataclysmic accidents in Fukushima have once again emphatically
underscored that the dangers of nuclear energy cannot be controlled by human
beings despite all the technological progress that has been made and all the
safety precautions instituted. Therefore, many countries have subsequently begun
to reconsider their energy policies （ Netzer and Steinhilber, 2011: 12）. For
example, the Swiss authorities have suspended nuclear plant construction;
Germany’s coalition govemment agreed to shut down all of the country’s nuclear
reactors by 2022 （Thomson, 2011: 464 -482）.
But
crises also hold out opportunities. The crisis of Fukushima, for instance,
offers an opportunity to organize energy supply in a more sustainable manner
throughout the world. In fact, before the Fukushima Nuclear Crisis, renewable
energy sources, such as wind, solar, geothermal, ocean, biomass, and
waste-to-energy, have attracted wide attention and developed rapidly in many
parts of the world. It is reported that renewable energy sources constituted
almost 30% of the increase in global power generation in 2010, reflecting their
prospects of satisfying the world’s increasing energy needs. In addition, the
increasing share of renewable energy may help to resolve the problem of energy
security faced by many countries because of uncertain markets for fossil fuel.
Based on the increasing public awareness of potential risks of nuclear energy,
many countries set ambitious goals to foster the development of a sustainable
energy system. According to the 12th Five-Years Plan of China, the govemment
will preferentially evelop renewable energy technology. It aims to promote the
solution for many problems related to the public interest, such as environment
pollution, climate change, and energy crisis, which are getting more and more
serious with the rapid economic development in China since the economic opening
and reform program launched in 1978. In order to achieve an energy supply based
on 100 percent renewable energies, several structural changes need to be made to
stake out the course towards a sustainable futureranging from the technical
arrangements such as expansion of electricity grids to the political regulations
and the introduction of new market mechanisms （ Netzer and Steinhilber, 2011
:11） .
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