英文摘要 |
The patent system has helped western countries move toward industrialization and acquire economic growth accordingly. However, the industrialized countries, along with their mass productions and limitless consumptions, had contributed excessive carbon dioxide emission, causing global warming and climate change in return. The existence of relationship between the patent system and global warming can be evidenced by checking, inter alia, its underlying incentive theory which supports the system with ideology to pursue industrial progress. So, the patent system can be deemed as a catalyst to economic growth, and amending the patent system is needed in light of global warming. The progress ideology had survived in western culture, along with its derivatives of liberalism, capitalism, and consumerism. People tend to believe they are justified to pursuing to satisfaction of endless, ever- growing material wants. With that belief, the economic growth became nothing but a mechanism to reflect the material progress ideology. Therefore, the material progress ideology shall be reassessed and ultimately discarded, and instead the Confucian and Taoist philosophies which suggest harmonizing with rather than challenging the mother nature shall be adopted. To be meaningfully conducting sustainable development, we must clearly identify the need from want, acknowledge the scarcity of resources, and significantly reduce the demand of consumption to save the energy and in return save the earth. And, the sustainable production shall be established and GHG emission limitation shall be set forth as a cap. However, various schools of thoughts debate about whether amending to patent system can be utilized to resolve the global warming problem in considering of its neutrality in nature and lacking of legal authority. The author argues that the patent system can and shall be amended in this regards because the patent system itself is not a mere neutral platform for providing information, and the wording of patent regulations does provide authority for amending its regulations regarding environmental issues. The author proposes to suggest amendments to the patent system itself, and harmonization with related regulations. For the former one, we need to provide more incentives to encouraging green technology filing by adopting a price model. And, we need to well define the contents of green technology without limiting it to be the renewable energy. Moreover, we need to expediting the examination of green invention, requiring sufficient disclosure of GHG emission information, examining the eligibility of subject matter from the environmental perspective, and incorporating the moral utility doctrine into patentability. And, we also need to adjusting length of patent term, revoking patents which are potential pollutants, and compulsory licensing if necessary. Also, we need to deal with green patent applications in a more effective way by adopting a green technology program. For the latter one, we need to harmonize with domestic regulations, e.g., The Fundamental Science and Technology Act and The Environment Act, and various patent systems and international organizations around the world as well. Last, while green technologies are mostly held by developed countries, we need to transfer green technology patents to developing countries, such that more countries can be jointed as a team to resolve the global warming problem together. |