1.3　Review of the literature

Several studies have made on compulsory licenses under TRIPS.Lin（2006）shows that a compulsory license plays an important role in balancing patent rights and the public interest in a member state.However，TRIPS sets strict restrictions on compulsory licenses，which cannot adequately balance between the interests of technology holder and those of user.So these strict restrictions sometimes do harm to the public interest and lead to no economic efficiency.Cynthia（2011a）brings clarification to the contentious and complex question of what types of compulsory licenses are permissible under TRIPS.Cynthia（2011b）explains an important，yet often misunderstood exception to the TRIPS requirement that a compulsory license must be issued predominantly for domestic use（except where issued to address anticompetitive conduct）.

There are also several researches on compulsory licenses in pharmaceutical industry.Do Amaral（2005）argues that a compulsory license is a fundamental tool that developing countries may use in certain conditions to ensure that poor people have access to medicines.Moreover，the abuse of patent rights has often led to the abuse of economic power.On the other hand，a compulsory license engenders competition，thereby reducing the price of medicine.The purpose is only to point out that a compulsory license promotes social well-being to the extent that it obviates the drawbacks of a patent system.Atik（2005）points out that providing access to medicine is an important step in the chain of events required to provide an expeditious solution.Therefore，providing generous and uncomplicated rules on compulsory licenses might be an important first step.Permitting generic producers in the third countries to manufacture pharmaceuticals for use in countries facing health emergencies but lacking productive capacity is a useful and likely necessary step，though not a sufficient one，towards resolving the AIDS crisis.

Van Zimmeren and Van Overwalle（2011）admit that specially tailored compulsory license mechanisms aimed at serving public health have been established in France，Belgium and Switzerland.The introduction of these mechanisms was triggered by the controversy over diagnostic gene patents.This paper describes the（ongoing）global controversy and the conventional compulsory licenses，critically examines the newly introduced compulsory license mechanisms，and compares them with the conventional compulsory license regimes.Finally，the author concludes the fact that none of those new compulsory license mechanisms have been put to work；it means that the provisions are more than a mere“paper tiger”.Hutchison（2006）analyzes and assesses the climate change regime and WTO TRIPS Agreement as they pertain to climate change technology transfer into developing countries.A strong argument could be made that TRIPS conflicts with obligations in the climate change regime to push technology transfer into developing countries and the export prohibition on compulsory license should therefore be abandoned.Fair（2010）shows that，while patent protections may impede the diffusion of green power technology to developing states，granting compulsory licenses is neither the most feasible nor the most effective means of solving the problem.Here，green power is a subset of renewable energy and represents those renewable energy resources and technologies that provide the highest environmental benefit.[1]

The objective of this study is to analyze whether compulsory licenses adapted to the field of renewable energy technology in China.As to the literature on compulsory licenses，we can see there is no normative research of renewable energy technology.Moreover，by looking back upon existing researches on compulsory licenses，several findings are summarized as follows.First，most of researches on compulsory licenses are related to the Agreement on TRIPS，whereas a research on compulsory licenses in a specific country has rarely been studied.For example，Chinese emissions accounted for two-thirds of the worldwide increase in CO2in 2007 and its pollution levels continue to rise.How to take advantage of compulsory licenses and promote the development of renewable energy technology in developing counties?This question is worthy of study and thus it is the main purpose of this paper.Second，researchers pay more attention to compulsory licenses in pharmaceutical industry than other fields.Since TRIPS，Doha Declaration to national laws，most of papers discuss the issues related to compulsory licenses in pharmaceutical industry.However，the application in other fields such as the research on compulsory licenses of renewable energy technology is not well discussed.Third，according to the previous studies in pharmaceutical field，I find that the conception of public interest is of great importance.There is no similar study to this paper，in which the method of political philosophy is applied to analyze the conceptions of interest.Therefore，the analysis of the conception of public interest from various viewpoints has not been fully investigated yet.Compulsory licenses are associated with serious interests and thus the analysis of these interests is of crucial importance.This paper takes use of conceptions of interest from a perspective of political philosophy and put forward that compulsory license should be implemented in renewable energy technology after a comparative analysis with pharmaceutical field.