Intellectual Property Programme

Innovation and Technology Transfer to Address Climate Change: Lessons from the Global Debate on Intellectual Property and Public Health

by Frederick M. Abbott

Intellectual Property and Sustainable Development Series • Issue Paper 24

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Innovation and Technology Transfer to Address Climate Change PDF • 0.97 MB

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Transfer and diffusion of environmentally sound technologies (EST), in particular to developing countries, is a key element of any effective international response to the global climate change challenge and one of the pillars of the United Nations Framework Convention on Climate Change (UNFCCC). More recently, the Bali Plan of Action called for enhanced action on technology development and transfer.

In this context, the role of intellectual property rights (IPRs) has been the subject of increased attention in climate change discussions since Bali. Different views and positions have emerged pointing to the role of IPRs in either facilitating or hindering the transfer of EST.

In this regard, the parallel is often made, explicitly or implicitly, by government officials, and other stakeholders, with the access to medicines issue either to reinforce arguments about the role IPRs as an obstacle to the transfer of EST or to dismiss them, in view of the differences between the relative importance of IPRs for the pharmaceutical sector and the renewable energy sector.

Beyond simplistic comparisons and rethorical statements, analysis and research are critically needed to examine, in a constructive manner, lessons to be drawn from the debate on intellectual property and public health to better inform discussions on innovation, technology transfer and IPRs in the context of the climate change negotiations.

Innovation and Technology Transfer to Address Climate Change: Lessons from the Global Debate on Intellectual Property and Public Health by Professor Frederick M. Abbott (Issue Paper No.24) precisely aims to achieve this.

This new issue paper examines different categories of IPRs and the ways they may have different effects and implications for EST as compared with pharmaceutical technologies. It also points to a number of lessons that can be drawn from the public health-related negotiations, at the WTO and other forums, that may be useful to negotiators and policy makers in addressing climate change, transfer of technology and IPRs.

In this connection, the paper underlines that focus should be placed in establishing frameworks for mutually beneficial joint venture economic arrangements between developed and developing country enterprises to stimulate innovation. To the extent possible, technology transfer commitments resulting from climate change negotiations should be specific and concrete. “Soft” commitments on transfer of technology typically do not bear fruit.

Even if current multilateral IPRs rules incorporate flexibilities and exceptions adequate to address most foreseeable obstacles to technology transfer, the paper suggests that a declaration comparable to the Doha Declaration on the TRIPS Agreement and Public Health with respect to IPRs and climate change may be useful in the progressive development of international law, so that it properly balances the rights of innovators and access by the public to the benefits arising from new technologies.

Finally, the paper reflects on the urgent need for further evidence based analysis to inform current discussions on climate change, technology transfer and IPRs. For this purpose, and building on previous research in this area, the International Centre for Trade and Sustainable Development (ICTSD) has joined forces with the European Patent Offi ce (EPO) and the United Nations Environment Programme (UNEP) to undertake a joint project to examine the role of patents in the development and transfer of EST, in particular in the field of energy generation. This initiative is expected to provide input into ongoing discussions on technology transfer in the context of the UNFCCC at COP-15 in Copenhagen.

Ultimately, it is important to recall that IPRs are only one among many other factors which impact technology transfer. Other factors such as the enabling environment, in particular financing, adequate incentives and institutions, do play an essential role and require also vigorous action.

This paper was commissioned under the ICTSD Programme on IPRs and Sustainable Development as part of ICTSD’s Global Platform on Climate Change, Trade and Sustainable Energy which is specifically aimed at contributing to effective international cooperation towards addressing climate change, by advancing analytical capacity of stakeholders and their interaction with policy makers such that effective solutions can be built and agreed by the international community at the Copenhagen COP-15, in December 2009.
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