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Intellectual Property and Technology Transfer Issues in the Context of Climate Change (No. 14)

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USD 8.00 Publisher: TWN
ISBN: 978-967-5412-37-0
Year: 2010
No. of pages: 80
Size of book: 16.5cm x 24cm
Author: Sangeeta Shashikant & Martin Kho
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 Author

SANGEETA SHASHIKANT is a Legal Adviser to the Third World Network as well as the Coordinator of the TWN office in Geneva.

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

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This product was added to our catalog on Monday 16 January, 2012.


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