녹색성장을 위한 친환경기술의 이용확산과 TRIPs 협정 체제

The TRIPs Agreement regulates international intellectual property law. However, the Agreement was not tuned for curing global environmental crisis. In the intellectual property context, to protect global environment I argue that the TRIPs Agreement is not enough and a new international regime is necessary to encourage international cooperation such as the Eco-Patent Commons. The TRIPs Agreement provides some measures to protect global environment. To avoid serious prejudice to the environment, Member States may exclude some inventions from patentability. It is may be eco-friendly patents. Especially, Member States may provide limited exceptions as to the exclusive rights conferred by a patent such as experimental use, and without authorization of the right holder, Member States may allow others to use the subject matter of a patent under some circumstances. A patent, for example carbon dioxide reduction technology or energy saving technology can be the one. However, the developed countries and some commenters do not agree with the compulsory licensing is not effect to market system and finally will result in less investment and no transaction of technologies. However, developing countries and least developing countries argues that the developed countries are responsible to global environmental crisis and thus shall share their technologies with developing countries and least developing countries. The balance between them is not feasible. I proposed that new cooperation regime is necessary by creating new international regime other than the TRIPs regime. the Eco-Patent Commons, already mentioned above, is a new regime in the private sector which the government sector should adopt. Above all, the developed countries should recognize their responsibilities to do positive actions on solving coming environmental disasters.