ABOUT THE BOOK
The serious threat to human well-being posed by climate change has imparted a sense of urgency to the search for remedial measures. Among the most important steps identified to combat climate change is the application of energy-efficient technologies that will curb the carbon emissions responsible for global warming.
However, access by developing countries to these climate-friendly technologies can be impeded by patents and other intellectual property rights (IPRs) over the technologies, most of which are held by developed-country entities. The monopoly rights conferred by intellectual property ownership hinder diffusion of these technologies and undermine the capacity of developing-country parties to use, maintain and adapt the technologies to local conditions.
This paper examines the relationship between IPRs and technology transfer, and explores options to overcome the IPR barrier in order to facilitate the dissemination of climate-friendly technologies to the developing world with the aim of tackling one of the major environmental problems of our time.
ABOUT THE AUTHORS
SHASHIKANT is a Legal Adviser to the Third World Network as well
as the Coordinator of the TWN office in
MARTIN KHOR, former TWN Director, is Executive Director of the South Centre.
2 IPRs and Technology Transfer
The General Relationship between IPRs and Technology Transfer
Technology Transfer in the TRIPS Agreement
IPRs and Technology Transfer in the Context of Climate Change Negotiations
3 Developing Countries’ Views on IPRs and Technology Transfer
4 Current Patenting Trends in Climate-Related Technologies
Automobile Pollution Control Technologies
5 Effects of IPRs on Transfer of Climate Technologies
IPRs: A Barrier to Climate-Friendly Technologies?
Opportunistic and Anti-Competitive Lawsuits: Hampering Access to Climate Technologies
IPRs and Publicly Funded Technologies
6 Measures That Can Be Taken on Intellectual Property and Climate Technologies
Excluding Climate-Friendly Technologies from Patents
Strict Application of Patentability Criteria
Compulsory Licensing in Developing Countries
International Declaration on IPRs and Climate Technologies
Regulating Restrictive Practices in Licensing Agreements and Anti-Competitive Uses of IPRs
Exceptions to Patent Rights
Technology Pooling through a Collective Global Approach
Sharing of Know-How and Trade Secrets
Publicly Funded Technologies
7 Some Conclusions
Third World countries
First World countries
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