Abstract:
The fragmentation between international climate change law and international trade rules highlights the intellectual property issue in the clean energy industry competition. Based on the empirical case studies between the US company American Superconductor and the Chinese company SINOVEL, the characteristics and trends of foreign-related intellectual property litigations in Chinese clean energy technology market were explored. Foreign multinational companies are good at using intellectual property litigation to crowd out local competitors, and adopting the multi-pronged litigations strategy, including patent litigation, software copyright litigation, trade secret litigation, trademark litigation and etc. The anti-monopoly rules are not the key means to restrict the abuse of intellectual property rights. Foreign multinational companies choose forum shopping to obtain favorable judicial judgments, which poses new challenges to China's intellectual property judicial justice. It is further concluded that under the background of global response to climate change and national strategy of “The Belt and Road Initiative”, the role of intellectual property focuses not only on private right protection, but also on sustainable development of technology transfer as well.