中国专利强制许可制度的政治哲学研究
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1.4 The Objective and Structure of This Study

Where traditional accounts of patent under it as a mere instrument to incentive efficient production,this paper focuses on the limitation of patent-compulsory license,and attempt to explore the possibility of applicationin the field of renewable energy.In this study,compulsory licenses in renewable energy technology sector are studied,which is different from pharmaceutical sector where compulsory licenses already are implemented.The scope of possible interest made by renewable energy technology is broader than pharmaceutical sector.For example,it is not only related to contemporary interest but also intergenerational interest.Moreover,the similarities and differences of the content of interest between pharmaceutical industry and renewable energy technology field are analyzed from the perspective of political philosophy,which is different from the descriptive literature with the case study method.Finally,try to find out whether compulsory licenses can facilitate renewable energy technology and make patent system design in China.

Compare to Atik and Lidgard 2005,there are two unique points in this paper.First,Atik and Lidgard focused on the interests of AIDS patients in developing countries,while I emphasized the interests of interest holders in the field of renewable energy technology,including citizens from other countries and future generations.Second,unlike the viewpoint of international law Atik and Lidgard based,the methodology of political philosophy is applied in this paper and of great importance to discuss compulsory license.

The thesis is structured as follows.Chapter 2 begins to describe the situation of patent applications number and patents granted number,which will be considered when the situation of patent is evaluated.Based on these,I expound current situation of renewable energy technology patent in solar energy and wind power field and point out renewable energy patents,which are mostly held in developed countries.Next,several aspects of the compulsory license system are described in detail,especially the legal surroundings of compulsory licenses in pharmaceutical industry in both China and other parts of the world.

I turn to different conceptions of interest in Chapter 3.There are several theories in the field of political philosophy about what interest is and therefore several conceptions of interest exist.In this chapter,three pairs of interest are clarified:interest as welfare and interest as resource,reflective interest and volitional interest,public interest and private interest.Especially,interests in compulsory licenses are also described,which are including compulsory licenses and the conceptions of interest,diversity of interests and interest in pharm-aceutical industry.By these analyses,we can see interests in compulsory licenses in general and in pharmaceutical industry.

Next,in Chapter 4,based on the three aforemen-tioned conceptions,I further emphasize that compulsory licenses are relevant with the extended public interest.For example,climate change and environmental pollution are related with transnational interest;resource depletion is related with generation's interest.Then,taking advantage of interest as resource and reflective interest in compulsory licenses,I analyze interests in the field of renewable energy technology.

In Chapter 5,after talking over the current legal framework of compulsory license in China,I reaffirm that granting compulsory licenses on renewable energy technology will be necessary.Thus,some suggestions are given to remedy the weak points of the legal system of compulsory licenses in China.

In Chapter 6,a summarization of the conclusion in each chapter is made and the research direction in the future is also pointed out.


[1]Green Power Market.Accessed July 15,2014.http://www.epa.gov/greenpower/gpmarket/index.htm.