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postgraduate thesis: Promoting the development of green technology in China : using patent law as an environmental instrument

TitlePromoting the development of green technology in China : using patent law as an environmental instrument
Authors
Issue Date2015
PublisherThe University of Hong Kong (Pokfulam, Hong Kong)
Citation
Gao, L. [高莉]. (2015). Promoting the development of green technology in China : using patent law as an environmental instrument. (Thesis). University of Hong Kong, Pokfulam, Hong Kong SAR. Retrieved from http://dx.doi.org/10.5353/th_b5558973
AbstractChina is the most populous nation, the largest developing country with relatively high levels of poverty, the fastest-growing economy, and one of the world’s most polluted countries. Bearing this in mind, the Chinese central leadership is keen to address environmental and developmental concerns concomitantly and strike a balance between environmental protection and economic development. One way that this can be achieved, in the author’s view, is through the development of green technology. Instead of repeating what has been said in the existing literature, this thesis attempts to approach the issue of green technology from a new perspective of law and institutional design, and seeks to stimulate green technological change through the development of a legal system that engages environmental law and patent law in a concerted effort to incentivize the innovation and dissemination of green technology to the greatest extent. This thesis argues that by improving a synergy between the Chinese environmental law and patent law, especially by using the Chinese patent law as an environmental instrument, the innovation and diffusion of green technology can be better promoted. This in turn would contribute to China’s environmental improvement without necessarily impeding economic growth or technological progress. Specifically, this thesis puts forward three main ways in which patent law can be used as an environmental tool, i.e., the creation of a rationale governing both environmental law and patent law in a nation’s legal regime for including environmental goals in patent law, environmental law’s adoption of patent system as an environmental regulatory tool, and the “greening” of patent law. This so-called“three-step approach”, in conjunction with the proposed specific provisions, measures or mechanisms developed under each of the three approaches, will constitute a theoretically effective legal framework and can be used as criteria for assessing the Chinese law’s effectiveness in synergizing environmental law with patent law and using patent law as an environmental instrument. A total of 28 aspects and sub-aspects of the Chinese law have been examined against the proposed criteria, with a total of 31 points awarded. A notable gap exists between the Chinese law and the proposed theoretically effective law because had all the aspects and sub-aspects of the Chinese law fully met the criteria, the total score would have been 84 points other than 31 points. It is worth noting that such an assessment of the Chinese law is not conducted alone, but on the basis of a comparison with the counterparts of the US and European laws, which makes the evaluation of the Chinese law more meaningful and accurate and helps to identify lessons from the experience of the US and EU. Based on such vertical and horizontal comparisons, this thesis raises specific proposals for China’s legislative reform, with a view to synergizing the Chinese environmental law with patent law and using the Chinese patent law as an environmental instrument.
DegreeDoctor of Philosophy
SubjectGreen technology - China
Patent laws and legislation - China
Dept/ProgramLaw
Persistent Identifierhttp://hdl.handle.net/10722/216279

 

DC FieldValueLanguage
dc.contributor.authorGao, Li-
dc.contributor.author高莉-
dc.date.accessioned2015-09-08T23:11:37Z-
dc.date.available2015-09-08T23:11:37Z-
dc.date.issued2015-
dc.identifier.citationGao, L. [高莉]. (2015). Promoting the development of green technology in China : using patent law as an environmental instrument. (Thesis). University of Hong Kong, Pokfulam, Hong Kong SAR. Retrieved from http://dx.doi.org/10.5353/th_b5558973-
dc.identifier.urihttp://hdl.handle.net/10722/216279-
dc.description.abstractChina is the most populous nation, the largest developing country with relatively high levels of poverty, the fastest-growing economy, and one of the world’s most polluted countries. Bearing this in mind, the Chinese central leadership is keen to address environmental and developmental concerns concomitantly and strike a balance between environmental protection and economic development. One way that this can be achieved, in the author’s view, is through the development of green technology. Instead of repeating what has been said in the existing literature, this thesis attempts to approach the issue of green technology from a new perspective of law and institutional design, and seeks to stimulate green technological change through the development of a legal system that engages environmental law and patent law in a concerted effort to incentivize the innovation and dissemination of green technology to the greatest extent. This thesis argues that by improving a synergy between the Chinese environmental law and patent law, especially by using the Chinese patent law as an environmental instrument, the innovation and diffusion of green technology can be better promoted. This in turn would contribute to China’s environmental improvement without necessarily impeding economic growth or technological progress. Specifically, this thesis puts forward three main ways in which patent law can be used as an environmental tool, i.e., the creation of a rationale governing both environmental law and patent law in a nation’s legal regime for including environmental goals in patent law, environmental law’s adoption of patent system as an environmental regulatory tool, and the “greening” of patent law. This so-called“three-step approach”, in conjunction with the proposed specific provisions, measures or mechanisms developed under each of the three approaches, will constitute a theoretically effective legal framework and can be used as criteria for assessing the Chinese law’s effectiveness in synergizing environmental law with patent law and using patent law as an environmental instrument. A total of 28 aspects and sub-aspects of the Chinese law have been examined against the proposed criteria, with a total of 31 points awarded. A notable gap exists between the Chinese law and the proposed theoretically effective law because had all the aspects and sub-aspects of the Chinese law fully met the criteria, the total score would have been 84 points other than 31 points. It is worth noting that such an assessment of the Chinese law is not conducted alone, but on the basis of a comparison with the counterparts of the US and European laws, which makes the evaluation of the Chinese law more meaningful and accurate and helps to identify lessons from the experience of the US and EU. Based on such vertical and horizontal comparisons, this thesis raises specific proposals for China’s legislative reform, with a view to synergizing the Chinese environmental law with patent law and using the Chinese patent law as an environmental instrument.-
dc.languageeng-
dc.publisherThe University of Hong Kong (Pokfulam, Hong Kong)-
dc.relation.ispartofHKU Theses Online (HKUTO)-
dc.rightsThe author retains all proprietary rights, (such as patent rights) and the right to use in future works.-
dc.rightsCreative Commons: Attribution 3.0 Hong Kong License-
dc.subject.lcshGreen technology - China-
dc.subject.lcshPatent laws and legislation - China-
dc.titlePromoting the development of green technology in China : using patent law as an environmental instrument-
dc.typePG_Thesis-
dc.identifier.hkulb5558973-
dc.description.thesisnameDoctor of Philosophy-
dc.description.thesislevelDoctoral-
dc.description.thesisdisciplineLaw-
dc.description.naturepublished_or_final_version-

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