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Written by a global group of leading scholars, this wide-ranging Research Handbook provides insightful analysis, useful historical perspective, and a point of reference on the controversial nexus of climate change law and policy, intellectual property law and policy, innovation policy, technology transfer, and trade. The contributors provide a unique review of the scientific background, international treaties, and political and institutional contexts of climate change and intellectual property law. They further identify critical conflicts and differences of approach between developed and developing countries. Finally they put forward and analyse the relevant intellectual property law doctrines and policy options for funding, developing, disseminating, and regulating the required technologies and their associated activities and business practices. The book will serve as a resource and reference tool for scholars, policymakers and practitioners looking to understand the issues at the interface of intellectual property and climate change.
Technology development and transfer has been identified as a key element in the Bali Action Plan. In the negotiations on a global climate treaty the developing nations have put forth ideas and plans to ensure that intellectual property rights (IPRs) do not become a barrier to transfer of climate friendly technology. In this discussion paper, this question of technology transfer, intellectual property rights is addressed in the context of climate change. Patent statistics shows the dominance of developed countries in specific technologies. The analysis on specific technologies indicates that IPRs is an important issue in development and transfer of technology and it is a barrier. Data indicates that although developing countries have made some progress, the dominance of developed countries in terms of patents, royalty and licensing income and expenditure on Research and Development remains as before. The historical experience is that stronger IPRs do not always result in more technology transfer and technology absorption. Hence the argument that developing countries should provide stronger protection of IPRs to encourage technology transfer has to be challenged. The technology transfer under UNFCCC and Kyoto Protocol has been minimal and insufficient to meet the needs of developing countries. The harmonization of IPRs through TRIPS has limited the options of countries to use compulsory licensing and competition policy. TRIPS has not facilitated technology transfer, particularly to Least Developed Countries (LDCs) and the North-South divide on this issue has resulted in a stalemate. Under these circumstances it is futile to expect that TRIPS alone will result in more transfer of climate-friendly technologies. Using Common But Differentiated Responsibility principle in technology development and transfer is desirable. Many proposals and suggestions have been made to stimulate technology development and transfer. Montreal Protocol is a successful example that is relevant in the context of climate change. The proposals including the proposals made by developing countries deserve a serious consideration and innovative solutions have to be found. Humanity does not have the luxury of finding solutions over a century to solve problems created by global climate change. Developing countries need both development and access to technologies that will facilitate the transition to less carbon intensive economy within the next two or three decades. So it is essential that IP issues do not become a barrier in this transition. The challenge of climate change calls for out of the box thinking to find solutions that can make a difference. The IPR issues in technology transfer need to be tackled by a combination of policy measures, incentives and bringing in changes at the global IP regime under TRIPS.
Many disciplines are relevant to combating climate change. This challenging book draws together legal, regulatory, geographic, industrial and professional perspectives and explores the role of technologies in addressing climate change through mitigation, adaptation and information gathering. It explores some key issues. Is intellectual property part of the solution, an obstacle to change or peripheral? Are there more important questions? Do they receive the attention they deserve? And from whom? This innovative book will play an important role in stimulating holistic discussion and action on an issue of key importance to society. Environmental Technologies, Intellectual Property and Climate Change will appeal strongly to scholars researching IP and climate change, as well as to a range of professionals including venture capitalists, practising lawyers working in IP, environmental and corporate finance law, activists within both climate change and human rights, and policymakers.
The book discusses climate technology transfer under the UNFCCC framework, and China’s relevant legislation and practices. It first explores theoretical basis of climate change-related technology transfer, with a particular focus on the differences between climate technology transfer and business-as-usual performance. The book then reviews practices of both technology supplier and user, in order to generally identify potential legal barriers and obstacles. Finally, it sheds light on China, providing a comprehensive assessment on barriers that hinder the trans-boundary transfers of low carbon technologies and need to be overcome in future. The issues concerned involve two of the most dynamic areas in current China’s lawmaking progress: environment laws and Intellectual Property laws. The book provides an in-depth analysis on China’s legislation and practices in this regard. At international level, the legal framework of climate technology transfer is examined in a systematic, prudent and constructive manner. On this basis, the book highlights potential commons, consistency and possible coordination between the UNFCCC and the WTO regime. This book is accessible to both Chinese and international environmental law specialists. It appeals to a broad readership, including environmental scientists, economists concerned with China’s intellectual property law, foreign investment law and anyone interested in the topic: how to green intellectual property rights regime for climate technology transfer in the China context.
Exploring the potential for alignment as well as conflict between IP and climate change Intellectual Property, Climate Change and Technology encourages a coherent and integrated approach to decision making across the IP, climate change and technology landscape. This groundbreaking book identifies and challenges the lack of intersection between intellectual property law and climate change law at national level. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}
The author examines the issue of whether intellectual property poses a barrier to technology transfer to address climate change and if so, what policymakers should do at the multilateral level. The book refocuses the question away from empirical approaches towards the key question of the legal capacity of developing countries to prospectively restructure their economies to access technologies and move up the technology value chain. It concludes with a set of recommendations for action at the United Nations Framework Convention on Climate Change.
While the importance of Technology Transfer in Climate Change Mitigation is well accepted, the role of IPR (Intellectual Property Rights) in facilitating TT is a controversial issue. While there are extreme views on this, holding that, IPR is not at all a barrier, and, IPR is really a barrier, the debate has moved beyond such polarized positions. Scholars have come up with nuanced positions, supported by empirical research. There have been suggestions on using alternative models like Open Innovation that go beyond traditional approaches on innovation and IPR, to facilitate TT. This paper examines how Open Innovation and Open Source Models can be used to facilitate TT. It discusses Open Innovation and Open Source Models, and the various options like patent pools, and clearinghouses. It points out the scope and limitations of these models and the options in facilitating TT. Through a hypothetical example the application of Open Innovation Model to develop and transfer a technology relevant in mitigation, i.e. development of rice varieties with enhanced nitrogen use efficiency, is illustrated and IPR issues are examined. The paper suggests that Open Innovation Models can play an important role in facilitating TT in the context of climate change mitigation.
An overview of issues relevant to debates about solutions to global challenges, such as climate change, public health and food security.
As the world confronts global warming, there is a growing consensus that the TRIPS Agreement could be a more effective instrument for mitigating climate change. In this innovative work, Wei Zhuang systematically examines the contextual elements that can be used in the interpretation of the TRIPS Agreement with a view to enhancing innovation and transfer of environmentally sound technologies. Zhuang proposes a balanced and pro-competitive interpretation that could be pursued by policymakers and negotiators. This comprehensive, multidisciplinary study will help academics and policymakers improve their understanding of the contemporary international legal regimes governing intellectual property rights, as well as innovation and transfer of environmentally sound technologies. It also offers practical guidance for further developing a legal system capable of responding to the challenges posed by climate change.