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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 SANGEETA
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. Contents 1 Introduction 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 Energy Technologies Automobile Pollution Control Technologies Biofuels Climate-Tolerant Crops 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 Future Technologies 7 Some Conclusions Endnotes Bibliography PRICE POSTAGE Third World countries
First World countries
(For orders of more than 3 copies, please write in for reduced postal rate) How to Order the Book Contact Third World Network
at 131 Tel: 604-2266159 Fax: 604-2264505 Email: twnet@po.jaring.my for further information
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