Toward A Sustainable Clean Energy Future: Lesson from Chinese Intellectual Property Litigations

摘要

A well-functioning intellectual property (IP) regime plays an important role when the country pursuits innovation and low-carbon society as well. Though such a proposal can be applied to any nation or society, China provides an excellent experiment for the emerging economy countries in the transforming society. A series of IP litigations between the Chinese company SINOVEL and the U.S Company American Superconductor in terms of clean energy technologies (CETs) trade raise the contemporary debates over IP and climate change. Based on the empirical study and data evidence, this paper explores the characteristics and trends of IP litigations in Chinese CET market. Within the litigations, the multinational enterprises are the main players; and as a package strategy, the legal actions cover patent, copyright and trademark, commercial secret, with remedies and injunctions. However, antitrust has not become the main strategy against IP abuse in Chinese CETs market. And forum shopping is challenging Chinese judicial system when CETs industry blooms in the emerging country. This paper argues the IP maximalist trend among some developed countries and the functions of IP in CETs industry should not only focus on trade but also need to have the social and environmental concerns in the content of climate change. It is therefore suggested that the function of IP should primarily promote technology transfer. It is further suggested that the overemphasis on IPRs not innovation may potentially undermine not only the dissemination of CETs but also impair the effect of climate change mitigation globally.