Kangru Zhou, Huiji Zhang

(School of Political Science and Law, Ningbo University)

Abstract：

There are theoretical flaws in the mandatory licensing of green technology patents based on environmental public interests. The regulatory theory provides a new theoretical explanation for implementing restrictions on green technology patent rights based on environmental interests. Based on different regulatory measures, the implementation of green technology patent licensing presents models such as compulsory licensing, general licensing, and open licensing. Compulsory licensing mode is neither the best mode nor the only mode to implement green technology patent licensing. Under the normal licensing model, the use of economic incentive regulatory tools in social regulation can promote the implementation of green technology patents. When patent holders use green technology patents to monopolize the market, anti-monopoly measures in economic regulation can be adopted. The open licensing model is more attractive to the rights holders of green utility model patents, but it requires incentives and improved protection measures for those who implement open licensing. Compulsory licensing is only a supplementary way to implement green technology patents, and its core function should be positioned as forcing patent owners to actively implement ordinary or open licenses.

Key Words：

social regulation; economic regulation; ordinary license; compulsory license; open license