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In the era of modern industrial regimes, the role of technology in tackling climate change is pivotal. International goals of climate change mitigation and sustainable development cannot be achieved without the contribution of new technologies. At the same time, the importance of patent protection and an efficient patent system that facilitates technology transfer among international frontiers cannot be overlooked. Many patented technologies are either not accessible for further dissemination or do not hold much technical value. Therefore, advanced systems of collaborative innovation have been developed, especially in the sector of green technology and green innovation. The environmental concerns of the global community cannot be tackled by a single company, person, sector or country. Innovation partnerships and collaborative research will play a vital role in combating global climate concerns and in determining the diffusion of green technologies for maximum impact. This book argues that policy-makers should encourage partnerships in technology rather than focusing on gaining investment and access to green technology to encourage global technological giants to transfer their technology and knowledge to local entities. It analyzes the relationship between patent protection, green innovation and diffusion of green technology against the backdrop of climate change and severe climate crisis. Taking an interdisciplinary approach to align patent law and green technology with the Sustainable Development Goals, it examines the effects of patent protection, technology transfer and compulsory licensing on the diffusion of green technologies while offering a systematic analysis of the relationship between patent protection, green innovation and diffusion of green technology from a global perspective.
This brochure explains how the IPC Green Inventory can give direct access to the latest patent information about technologies in a number of fields including alternative energy production, energy conservation, transportation, waste management, and agriculture and forestry
'An historically grounded study on a cutting-edge topic, Intellectual Property and Climate Change has it all. Not only is it well-written, concise, and hugely informative, it is also a timely intervention addressing truly global challenges. Quite simply, a must-read.' Eva Hemmungs Wirtén, Uppsala University, Sweden 'Rimmer provides a much needed, well written, authoritative book on the intellectual property aspects of climate change, natural disasters, clean vehicles, and renewable energy. The book is essential reading for those wishing to better understand the complex patent issues involved with transitioning away from our current fossil-dominated economy to a more environmentally sustainable and equitable energy future.' Benjamin K. Sovacool, National University of Singapore In the wake of the international summits in Copenhagen and Cancún, there is an urgent need to consider the role of intellectual property law in encouraging research, development, and diffusion of clean technologies to mitigate and adapt to the effects of climate change. This book charts the patent landscapes and legal conflicts emerging in a range of fields of innovation including renewable forms of energy, such as solar power, wind power, and geothermal energy; as well as biofuels, green chemistry, green vehicles, energy efficiency, and smart grids. As well as reviewing key international treaties, this book provides a detailed analysis of current trends in patent policy and administration in key nation states, and offers clear recommendations for law reform. It considers such options as technology transfer, compulsory licensing, public sector licensing, and patent pools; and analyses the development of Climate Innovation Centres, the Eco-Patent Commons, and environmental prizes, such as the L-Prize, the H-Prize, and the X-Prizes. This book will have particular appeal to policy-makers given its focus upon recent legislative developments and reform proposals, as well as legal practitioners by developing a better understanding of recent legal, scientific, and business developments, and how they affect their practice. Innovators, scientists and researchers will also benefit from reading this book.
Patents as an Incentive for Innovation Edited by Rafal Sikorski & Zaneta Zemla-Pacud Patents are a reward for human inventiveness. A well-functioning patent system must provide incentives for innovation, safeguard dynamic competition and protect the public interest – a balancing act fraught with difficulty in the ‘connected’ global world. This ground-breaking book is the first to deeply analyse how patent law today performs its function of stimulating innovation in the crucial sectors of healthcare, agriculture, artificial intelligence and communications technology. Patent specialists, practitioners and scholars from various jurisdictions thoroughly describe how patent rights can be deployed to incentivize investments in researching and developing socially critical innovations without sacrificing the public’s interest in sharing the benefits that are produced. Among the emerging issues of patent rights investigated are the following: protectability and morality of according private rights over material derived from the human body; licensing on fair, reasonable and non-discriminatory (FRAND) terms; the supplementary protection certificate (SPC) manufacturing waiver; patent eligibility of artificial intelligence-related inventions; excessive enforcement of patents by patent assertion entities; enforcement of second medical use innovations; the so-called farmer’s privilege, the farm-save seed exemption, and breeders’ rights; international trade regulations and their influence on patent systems; human enhancement technologies and the consequences of patenting them; specifics of patent protection for biologic medicines; challenges posed by artificial intelligence for the disclosure requirement in patent law; and standard essential patent licensing, particularly in the context of the 5G standard. Perspectives taken into consideration by the authors include protectability criteria, length and scope of the granted protection, mechanisms for dealing with the friction between generalized application and specialized concerns, and rights enforcement. These aspects are analysed on the domestic, international and global levels. The COVID-19 pandemic has highlighted the urgent need to strike the right balance between innovation and access in healthcare and other technologies, a need rooted in patent law. Because the problems discussed – and solutions offered – in this collection of expert essays are of tremendous practical and cultural significance, the book will be of immeasurable value to practitioners, policymakers and researchers in patent law and other fields of intellectual property law.
This dissertation, "Promoting the Development of Green Technology in China: Using Patent Law as an Environmental Instrument" by Li, Gao, 高莉, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract: China is the most populous nation, the largest developing country with relatively high levels of poverty, the fastest-growing economy, and one of the world's most polluted countries. Bearing this in mind, the Chinese central leadership is keen to address environmental and developmental concerns concomitantly and strike a balance between environmental protection and economic development. One way that this can be achieved, in the author's view, is through the development of green technology. Instead of repeating what has been said in the existing literature, this thesis attempts to approach the issue of green technology from a new perspective of law and institutional design, and seeks to stimulate green technological change through the development of a legal system that engages environmental law and patent law in a concerted effort to incentivize the innovation and dissemination of green technology to the greatest extent. This thesis argues that by improving a synergy between the Chinese environmental law and patent law, especially by using the Chinese patent law as an environmental instrument, the innovation and diffusion of green technology can be better promoted. This in turn would contribute to China's environmental improvement without necessarily impeding economic growth or technological progress. Specifically, this thesis puts forward three main ways in which patent law can be used as an environmental tool, i.e., the creation of a rationale governing both environmental law and patent law in a nation's legal regime for including environmental goals in patent law, environmental law's adoption of patent system as an environmental regulatory tool, and the "greening" of patent law. This so-called"three-step approach," in conjunction with the proposed specific provisions, measures or mechanisms developed under each of the three approaches, will constitute a theoretically effective legal framework and can be used as criteria for assessing the Chinese law's effectiveness in synergizing environmental law with patent law and using patent law as an environmental instrument. A total of 28 aspects and sub-aspects of the Chinese law have been examined against the proposed criteria, with a total of 31 points awarded. A notable gap exists between the Chinese law and the proposed theoretically effective law because had all the aspects and sub-aspects of the Chinese law fully met the criteria, the total score would have been 84 points other than 31 points. It is worth noting that such an assessment of the Chinese law is not conducted alone, but on the basis of a comparison with the counterparts of the US and European laws, which makes the evaluation of the Chinese law more meaningful and accurate and helps to identify lessons from the experience of the US and EU. Based on such vertical and horizontal comparisons, this thesis raises specific proposals for China's legislative reform, with a view to synergizing the Chinese environmental law with patent law and using the Chinese patent law as an environmental instrument. Subjects: Green technology - China Patent laws and legislation - China
How do patents affect innovation in mainland China and Hong Kong? How can two patent systems operate within one country and how is innovation affected by the 'one country two systems' model? For the first time, this book links these challenging issues together and provides a comprehensive overview for government officials, law-makers, academics, law practitioners and students to understand the patent systems of mainland China and Hong Kong. Themes examined include the interaction between the two distinctive patent regimes, the impact of patents on innovation in China's specific industries such as green tech, traditional Chinese medicines and telecommunications, the role of utility models in inflating low-quality patents and the application of good faith principle in enforcing FRAND in mainland China, patent system reforms in Hong Kong, and the impact of these changes on innovation in the two vastly distinctive yet closely connected jurisdictions.
This collection considers the future of climate innovation after the Paris Agreement. It analyses the debate over intellectual property and climate change in a range of forums – including the climate talks, the World Trade Organization, and the World Intellectual Property Organization, as well as multilateral institutions dealing with food, health, and biodiversity. The book investigates the critical role patent law plays in providing incentives for renewable energy and access to critical inventions for the greater public good, as well as plant breeders’ rights and their impact upon food security and climate change. Also considered is how access to genetic resources raises questions about biodiversity and climate change. This collection also explores the significant impact of trademark law in terms of green trademarks, eco labels, and greenwashing. The key role played by copyright law in respect of access to environmental information is also considered. The book also looks at deadlocks in the debate over intellectual property and climate change, and provides theoretical, policy, and practical solutions to overcome such impasses.
Patent holders are increasingly making voluntary, public commitments to limit the enforcement and other exploitation of their patents. The best-known form of patent pledge is the so-called FRAND commitment, in which a patent holder commits to license patents to manufacturers of standardized products on terms that are “fair, reasonable and non-discriminatory.” Patent pledges have also been appearing in fields well beyond technical standard-setting, including open source software, green technology and the biosciences. This book explores the motivations, legal characteristics and policy goals of these increasingly popular private ordering tools.
Clean Tech Intellectual Property is the first comprehensive review of intellectual property and clean technology. It uses trends, statistics, legal developments and case studies to demonstrate how IP law is influencing the growth of clean technology and how the business model is shaping IP practice.
Special symposium by leading scholars and lawyers on intellectual property law, including patents and trademarks. The Green Issue presents cutting-edge articles on the emerging "green" movement in environmental law and its promotion through IP law. Topics include encouraging biodiversity, green labeling and fake marketing, greenwashing, miscalculation of long-term costs, and patenting environmental tech.