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Climate Change and Intellectual Property after COP 15: In Search of a Workable Framework for the Transfer of ESTs

Author(s): Monirul Azam

Journal: Nordisk Miljörättslig Tidskrift
ISSN 2000-4273

Volume: 2010;
Issue: 2;
Start page: 145;
Date: 2010;

Keywords: climate change | intellectual property law | developing countries

Climate change is viewed as one of the most serious threats to the global environment and to sustainable development. Government representatives, environmentalists, lawyers, industry groups, development lobbyists, human rights activists and carbon traders, all agree on one thing: Innovation and new technologies will play a crucial role in meeting the challenge of global climate change. But the lack of investment capacity for R&D on ESTs in developing countries on the one hand, and on the other all those recourses available in developed countries with strong private entities has brought forth a debate of intellectual property rights (IPR) and climate change. This calls for striking a balance between the interest of IPR owners in developed countries and potential users in developing countries to facilitate technology transfer for the mitigation and adaptation to climate change. This paper will try to evaluate technology transfer issues from the context of international environmental law and intellectual property law and suggest some possible means for a successful climate negotiation and transfer of ESTs.
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