In this lesson, we'll talk about how patents could facilitate or restrict the transfer of clean energy technologies to developing countries.
We'll elaborate on the global IP governance architecture that we began dissecting during our first class, focussing especially on TRIPs. The starting point is a look at Articles 7 and 66.2.
Then we'll tie that into the international framework around climate change, and see how these intersect. Compulsory licensing is one blunt instrument being talked about to facilitate technology transfer. We'll conclude by considering issues related to indigenous peoples' traditional ecological knowledge.
What is the role of IP in the transfer of environmentally sound technologies from developed to developing countries? And if there are problems, how might we respond? To provoke discussion around those two questions, I've compiled a selection of materials presenting different perspectives. The following papers and articles will give you a sense of the contours of the debate:
- John Barton, "Intellectual Property and Access to Clean Energy Technologies in Developing Countries: An Analysis of Solar Photovoltaic, Biofuel and Wind Technologies," ICTSD Programme on Trade and Environment ICTSD Issue Paper No. 2, (ICTSD, December 2007).
- International Centre for Trade and Sustainable Development (ICTSD), "Climate Change, Technology Transfer and Intellectual Property Rights: Background Paper," (ICTSD, August 2008).
- Cynthia Cannady, "Access to Climate Change Technology by Developing Countries," ICTSD Issue Paper No. 25 (Geneva: ICTSD, 2009).
- Copenhagen Economics and the IPR Company, "Are IPR a Barrier to the Transfer of Climate Change Technology?," (European Commission, DG Trade, 19 January 2009).
- Lisa Larrimore Ouellette, "Addressing the Green Patent Global Deadlock Through Bayh-Dole Reform," 119 Yale L.J. 1727 (2010).
- Frederick M. Abbott, "Innovation and Technology Transfer to Address Climate Change: Lessons from the Global Debate on Intellectual Property and Public Health," ICTSD Issue Paper No. 24 (Geneva: ICTSD, 2009).
Ghafele, R. & O’Brien, R., 2012. Open Innovation for Sustainability: Lessons from the GreenXchange Experience, (Geneva: ICTSD).
- Deborah McGregor, "Traditional Ecological Knowledge and Sustainable Development: Towards Coexistence" in Mariou Blaser, Harvey A. Felt and Glenn McRae, eds., In the Way of Development: Indigenous Peoples, Life Projects and Globalization (Ottawa: Zed-IDRC, 2004).