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Under the background of climate change, the intellectual property including patent affecting on the environment brought so many discussions and introspection from international community. The climate-friendly technologies are undoubtedly the most important solution of improving, mitigation, adaption for climate change. Actually, the patent is vital to driving the innovation, but at the same time, it hinders the diffusion of technologies. Confronted with these facts and deteriorating global warming, the whole world comes into anxiety. Therefore, a set of green patent system is needed to supply of green technologies.Firstly, this thesis analyzes the deterioration of climate change, reviews the current study on relation between green patent and climate change, then summarizes some basic views and theoretical achievements.Secondly, it re-analyzes the incentive function and monopoly mechanism in patent system, then observes the positive and negative influence of patent system functioning on climate-friendly technologies, and believes that there are some necessities for construction of green patent system.The third part of this thesis chooses some international treaties including environmental protection principle, and shares some experiences of green patent system exploited by some developed countries such as European Union, America, Japan and Korea.Finally, this thesis bring the green element into current patent system, contributes a frame of green patent system for China, including principle aim of legislation, patent object, examination procedures, patent deployment and supervisions, and relieves for tort.
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