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| 內容簡介： |
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本文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。
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| 關於作者： |
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郭美蓉，女，日本东京工业大学博士、上海交通大学凯原法学院博士后。主要研究方向为知识产权法、网络与信息法等。
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| 目錄：
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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
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| 內容試閱：
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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.
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