As the world transitions to a more environment-friendly and sustainable global economy,innovations in green technology are playing a crucial role.Recognizing this,China,along with many other nations,is adapting its pa...As the world transitions to a more environment-friendly and sustainable global economy,innovations in green technology are playing a crucial role.Recognizing this,China,along with many other nations,is adapting its pat⁃ent system to better support green innovations,establishing what is known as a green patent regime.While extensive empirical research highlights the significance of China's green patent regime in achieving environmental sustainabil⁃ity,there is a noticeable lack of normative studies on enhancing its efficacy.This work aims to fill this gap by conduct⁃ing a normative study using doctrinal analysis and proposing that transparency and accessibility are key factors in evaluating the effectiveness of a green patent regime.Through a doctrinal analysis of China's green patent legislation and regulations,this work assesses the legal rights conferred by this regime and identifies how these rights are con⁃strained by substantive and procedural norms.The findings reveal significant limitations to the transparency and acces⁃sibility of China's green patent regime and propose improvements.These recommendations offer insights for policymak⁃ers in China and other countries.The doctrinal analysis conducted in this research could stimulate further theoretical discussion in the field of sustainable development and intellectual property law.Moreover,it might enlighten more hy⁃potheses for future empirical studies.展开更多
With the amendments to the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China and the Guidelines for Patent Examination,China's patent open license system has been fully ...With the amendments to the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China and the Guidelines for Patent Examination,China's patent open license system has been fully implemented.The two-year pilot programs have garnered valuable insights into addressing patent royalty pricing,platform operations,and reduction and exemption in annual fees within the patent open license system.From the perspective of diffusion of innovations theory,innovation attributes serve as a key criterion for evaluating the market value of patent open license.The diversified and dynamic innovation attributes lead patentees to adopt pricing models,either algorithmbased pricing or flexible pricing.Mass media and face-to-face interaction channels function as primary vehicles for innovation diffusion through open license information platforms.Specifically,efficient pairing of supply and demand can be done through novel algorithmic matching mechanisms.Furthermore,user feedback modules and real-life engagement strategies can be integrated to facilitate homogeneous communication,enhancing potential licensees'recognition of the patent open license system.Innovation adoption theory suggests that public policy incentives for patentees should target early adopters with higher risk tolerance rather than apply universally.This indicates that,in terms of the reduction and exemption in annual fees,a degressive structure achieves greater incentive efficacy in early stages compared to fixed-amount reduction and exemption.In later phases,it enables systematic pruning of valueless of patent open licenses,yielding superior overall cost-benefit outcomes.展开更多
The last letter of the FAIR acronym stands for Reusability.Data and metadata should be made available with a clear and accessible usage license.But,what are the choices?How can researchers share data and allow reusabi...The last letter of the FAIR acronym stands for Reusability.Data and metadata should be made available with a clear and accessible usage license.But,what are the choices?How can researchers share data and allow reusability?Are all the licenses available for sharing content suitable for data?Data can be covered by different layers of copyright protection making the relationship between data and copyright particularly complex.Some research data can be considered as a work and therefore covered by full copyright while other data can be in the public domain due to their lack of originality.Moreover,a collection of data can be protected by special rights in Europe to acknowledge the investment in time and money in obtaining,presenting,arranging or verifying the data.The need of using a license when sharing data comes from the fact that,under current copyright laws,when rights exist,the absence of any legal notice must be understood as the default“all rights reserved”regime.Unless an exception applies,the authorisation of right holders is necessary for reuse.Right holders could use any text to state the reusability of data but it is advisable to use some of the existing licenses,and especially the ones that are suitable for data and databases.We hope that with this paper we can bring some clarity in relation to the rights involved when sharing research data.展开更多
基金Funded by the National Key R&D Program of China (Grant No:2022YFC3303000)。
文摘As the world transitions to a more environment-friendly and sustainable global economy,innovations in green technology are playing a crucial role.Recognizing this,China,along with many other nations,is adapting its pat⁃ent system to better support green innovations,establishing what is known as a green patent regime.While extensive empirical research highlights the significance of China's green patent regime in achieving environmental sustainabil⁃ity,there is a noticeable lack of normative studies on enhancing its efficacy.This work aims to fill this gap by conduct⁃ing a normative study using doctrinal analysis and proposing that transparency and accessibility are key factors in evaluating the effectiveness of a green patent regime.Through a doctrinal analysis of China's green patent legislation and regulations,this work assesses the legal rights conferred by this regime and identifies how these rights are con⁃strained by substantive and procedural norms.The findings reveal significant limitations to the transparency and acces⁃sibility of China's green patent regime and propose improvements.These recommendations offer insights for policymak⁃ers in China and other countries.The doctrinal analysis conducted in this research could stimulate further theoretical discussion in the field of sustainable development and intellectual property law.Moreover,it might enlighten more hy⁃potheses for future empirical studies.
基金funded by the Hunan Think Tank Ad Hoc Major Commission Program,i.e.,"Strategies and Advice for Enhancing Intellectual Property Commercialization in Hunan Universities under Innovation-Driven Development"(No.18ZWA08).
文摘With the amendments to the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China and the Guidelines for Patent Examination,China's patent open license system has been fully implemented.The two-year pilot programs have garnered valuable insights into addressing patent royalty pricing,platform operations,and reduction and exemption in annual fees within the patent open license system.From the perspective of diffusion of innovations theory,innovation attributes serve as a key criterion for evaluating the market value of patent open license.The diversified and dynamic innovation attributes lead patentees to adopt pricing models,either algorithmbased pricing or flexible pricing.Mass media and face-to-face interaction channels function as primary vehicles for innovation diffusion through open license information platforms.Specifically,efficient pairing of supply and demand can be done through novel algorithmic matching mechanisms.Furthermore,user feedback modules and real-life engagement strategies can be integrated to facilitate homogeneous communication,enhancing potential licensees'recognition of the patent open license system.Innovation adoption theory suggests that public policy incentives for patentees should target early adopters with higher risk tolerance rather than apply universally.This indicates that,in terms of the reduction and exemption in annual fees,a degressive structure achieves greater incentive efficacy in early stages compared to fixed-amount reduction and exemption.In later phases,it enables systematic pruning of valueless of patent open licenses,yielding superior overall cost-benefit outcomes.
基金Thomas Margoni co-coordinates the legal task force of OpenAIRE Advance,a project funded under the H2020 programme of the European Commission,project n°:777541.We would like to thank the support of the project.
文摘The last letter of the FAIR acronym stands for Reusability.Data and metadata should be made available with a clear and accessible usage license.But,what are the choices?How can researchers share data and allow reusability?Are all the licenses available for sharing content suitable for data?Data can be covered by different layers of copyright protection making the relationship between data and copyright particularly complex.Some research data can be considered as a work and therefore covered by full copyright while other data can be in the public domain due to their lack of originality.Moreover,a collection of data can be protected by special rights in Europe to acknowledge the investment in time and money in obtaining,presenting,arranging or verifying the data.The need of using a license when sharing data comes from the fact that,under current copyright laws,when rights exist,the absence of any legal notice must be understood as the default“all rights reserved”regime.Unless an exception applies,the authorisation of right holders is necessary for reuse.Right holders could use any text to state the reusability of data but it is advisable to use some of the existing licenses,and especially the ones that are suitable for data and databases.We hope that with this paper we can bring some clarity in relation to the rights involved when sharing research data.
