[Ip-health] New ICTSD publication: Innovation and Technology Transfer to Address Climate Change: Lessons from the Global Debate on IP and Public Health

[Ahmed Abdel Latif]

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Innovation and Technology Transfer to Address Climate Change:

 Lessons from the Global Debate on Intellectual Property and Public
Health

by Professor Frederick M. Abbott

Florida State University College of Law

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The role of intellectual property rights (IPRs) has been the subject of
increasing attention in climate change discussions since Parties to the
United Nations Framework Convention on Climate Change (UNFCCC) agreed to
the Bali Action Plan in December 2008.  During this and subsequent
negotiations, different views and positions have emerged pointing to the
role of IPRs in either facilitating or hindering the transfer of EST.

In this conext, the parallel is often made with the global debate around
access to medicines, 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.

In response to this growing global debate, 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: http://ictsd.net/i/publications/50454/
<http://cts.vresp.com/c/?ICTSD/08b0b23df2/62890a0c44/84de56294f>  ) aims
to provide an in-depth analysis 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.

This new issue paper examines different categories of IPRs and evaluates
the possible 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, technology transfer, 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 study 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
(http://www.unep.ch/etb/initiatives/Patents_ESTs.php
<http://www.unep.ch/etb/initiatives/Patents_ESTs.php> ).

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.

For further information, please contact Ahmed Abdel Latif at
aabdellatif@ictsd.ch