Environmental Technologies, Intellectual Property and Climate Change

Environmental Technologies, Intellectual Property and Climate Change

Accessing, Obtaining and Protecting

Elgar Law, Technology and Society series

Edited by Abbe E.L. Brown

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.

Chapter 2: The puzzling persistence of the intellectual property right/climate change relationship

Navraj Singh Ghaleigh

Subjects: development studies, law and development, environment, climate change, innovation and technology, technology and ict, law - academic, environmental law, human rights, intellectual property law, law and development, politics and public policy, human rights


At the 2011 United Nations Framework Convention on Climate Change (UNFCCC) Conference of the Parties in Durban, India sought to introduce a number of late amendments to the negotiations, including those on technology transfer. Specifically, they wished for the inclusion of the agenda item ‘Accelerated access to critical mitigation and adaptation technologies and related intellectual property rights’. Why? They explained that: An effective and efficient global regime for accelerated access to intellectual property rights (IPRs) of critical climate friendly technologies is essential for the global efforts for development, deployment, dissemination and transfer of such technologies. In the absence of such an arrangement, the objective of advancing the nationally appropriate mitigation and adaptation actions at the scale and speed warranted by the Convention cannot be met effectively and adequately. Such a regime should promote access to IPRs as global public good while rewarding the innovator in a manner consistent with the inter- national law _ Conference of Parties should urgently decide on addressing the issue of treating and delivering climate technologies and their IPRs as public good in the interest of the global goal of early stabilization of climate and advancing developing country efforts aimed at social and economic development and poverty eradication. Such a statement raises a number of questions. Is it truly the case that liberalized access to climate friendly IPRs is essential for the development and dissemination of such environmentally sound technologies (EST)? In the absence of an IP regime that makes such provision, can nationally appropriate mitigating actions (NAMAs) not be achieved?

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information