Why patents are crucial for the access of developing countries to Environmentally Sound Technologies

elni Review ◽  
2009 ◽  
pp. 88-92
Author(s):  
Michael Benske
Keyword(s):  
Developing Countries ◽  
Technology Transfer ◽  
Intellectual Property Rights ◽  
Global Climate ◽  
Developed Countries ◽  
Homo Oeconomicus ◽  
Technology Transfers ◽  
Advanced Technologies ◽  
Environmentally Sound

This article demonstrates why Global Climate Funds might establish unexpected barriers to transfers of Environmentally Sound Technologies (EST) to developing countries rather than facilitating them. During political dialogues, developing countries frequently stress their discontent regarding Intellectual Property Rights (IPR) protecting EST. A typical objection raised by the Group of 771 and China reads: “The present restraint on access to advanced technologies, imposed particularly by the IPR regime, need [sic] to be lifted, […].” The Group of 77 and China expect developed countries to facilitate technology transfers and to provide other assistance by various financial and regulatory means. The proposed measures include a Global Climate Fund. At first, this article identifies the relevant actors’ interests and, to demonstrate that inter-governmental measures for tackling the Greenhouse Gas (GHG) problem are justified, carry out an analysis according to the behavioural model of the homo oeconomicus institutionalis. After that, it examines the role of IPR in the context of transfers of EST to developing countries. This article also deals with the question of what the overall objectives of technology transfer measures are and why the proposed Global Climate Fund might not be an adequate instrument for facilitating these transfers.

Part VIII Compliance, Implementation, and Effectiveness, Ch.55 Technology Assistance and Transfers

2021 ◽  
Author(s):  
Alam Shawkat
Keyword(s):  
Economic Growth ◽  
Developing Countries ◽  
Technology Transfer ◽  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Environmental Law ◽  
International Environmental Law ◽  
Effective Implementation ◽  
Technology Transfers

This chapter highlights the role of technological assistance and transfers in international environmental law. At its heart, technology transfers aim to address the inequitable distribution of costs and benefits that have occurred between developed and developing countries under conventional patterns of economic growth. This has been reflected through a range of international environmental law instruments. However, despite the prevalence of technology provisions in international environmental law, there remains a lack of effective implementation. This can be attributed, in part, to the tension between technology transfers and the protection of intellectual property rights. Direct confrontation between the intellectual property and technology transfer regimes has been side-stepped, but there remains a strong need to seek complementarity between the two systems.

Climate Change Resilience and Technology Transfer: The Role of Intellectual Property

2011 ◽  
Vol 80 (4) ◽  
pp. 485-505 ◽  
Author(s):  
M. Monirul Azam
Keyword(s):  
Climate Change ◽  
Developing Countries ◽  
Technology Transfer ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Developed Countries ◽  
Small Island ◽  
Climate Change Resilience

AbstractThe impact of climate change has emerged as a major threat to sustainable development and poverty reduction efforts in many less developed countries, in particular in the least developed countries (LDCs) such as the countries in the African region and Small Island States. New technologies are necessary for the stabilization and reduction of atmospheric greenhouse gases and to enhance the capacity of poor countries to respond to shifts in resource endowments that are expected to accompany climate change. Therefore, technology transfer, particularly in the case of access to environmentally sound technologies (ESTs) is widely seen as an integral part of climate change resilience. Concerted efforts will be required for the development, deployment and transfer of ESTs to reduce vulnerability and increase resilience to the risks of climate change. Thus, development and transfer of ESTs has emerged as a fundamental building block in the crafting of a post-Kyoto 2012 global regime for climate change resilience. In this context, the role of intellectual property rights (IPRs) has been the subject of increased attention in the climate change discussions since the Bali conference of the United Nations Framework Convention on Climate Change (UNFCCC) in 2007. Different conflicting views and positions have emerged pointing to the role of IPRs in either facilitating or hindering the transfer of ESTs. The dissemination of ESTs from developed countries to developing countries and LDCs is a very complicated process often simplified by the argument that patent waiver for ESTs or allowing copying with weak intellectual property rights will help the developing countries and LDCs to better cope with the climate change problems. This article tries to examine the relationship between the IPRs (with special reference to patent system) and the resilience discourse with a starting point in the terms of social and ecological resilience.

scholarly journals Technology Transfer as a Prerequisite of Innovative Development of Enterprises

2019 ◽  
Vol 67 ◽  
pp. 01011
Author(s):  
Viktoriia Prokhorova ◽  
Nadiia Reznik ◽  
Olena Bozhanova ◽  
Krystyna Slastianykova
Keyword(s):  
Technology Transfer ◽  
Intellectual Property Rights ◽  
National Level ◽  
Innovation Process ◽  
International Exchange ◽  
Technology Transfers ◽  
Advanced Technologies ◽  
Domestic Legislation ◽  
Close Relationship ◽  
Enterprise Level

Low success in the implementation of technology transfer projects in Ukraine is mainly caused by two groups of factors: the first one, directly related to the development of innovative processes, which hinders the country’s participation in the international exchange of technologies, and the second one, caused by the shortcomings of domestic legislation on the definition and protection of intellectual property rights of participants in the innovation process. In order to develop the economy both at the enterprise level and at the national level, the following technology transfers should be developed: firstly, the classical one, which provides for the work of enterprises and research institutions in close relationship; secondly, it requires the development of transformational technology transfer, which ensures closer cooperation in science with other countries; thirdly, it is necessary to attract unique and advanced technologies to the regions. As a result of technology transfer, developments can be successfully commercialized for the benefit of their authors and, as a result, tax revenues to the country’s budget can be increased.

Enhancing Technological Responses to Climate Change

2018 ◽  
Author(s):  
Menno van der Veen
Keyword(s):  
Climate Change ◽  
Developing Countries ◽  
Technology Transfer ◽  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Institutional Design ◽  
Green Technology ◽  
Technology Licensing ◽  
Green Climate Fund ◽  
Environmentally Sound

The main goal of this chapter is to contribute to the (institutional) design of technology transfer arrangements so as to overcome obstacles to the transfer of environmentally sound technologies (ESTs) to developing countries that are posed, in particular, by stalemated discussions on intellectual property rights (IPR). The answer is to move past IPR discussions to focus on licensing practices; specifically, on reinforced efforts to license ESTs on favorable terms in developing countries through a Green Technology Licensing Facility (GTLF), as part of the UN’s Green Climate Fund. A license is, in this context, framed as a contract of transfer and may also consist of pro-active duties by the IPR owner, for example, to assist with the implementation of the technology.

scholarly journals India’s Engagement in Global Climate Negotiations from Rio to Paris

2019 ◽  
pp. 114-141
Author(s):  
Sandeep Sengupta
Keyword(s):  
Developing Countries ◽  
Emission Reduction ◽  
Global Climate ◽  
Developed Countries ◽  
International Regime ◽  
Climate Negotiations ◽  
Continuity And Change ◽  
The Third ◽  
Technology Transfers ◽  
Second Period

India’s positions in global climate negotiations have evolved over three distinct periods. The first period of international regime creation in the 1980s and 1990s saw India play an important role in building coalitions with developing countries to draw clear commitments from developed countries on emission reduction, finance, and technology transfers. In the second period from 2005 to 2010, marked by transition and contestation, India showed flexibility and put forth voluntary commitments, while opposing moves to dilute the concept of differentiated responsibility. The third period, from 2011 to 2015, was marked by Indian compromise with changing negotiation contours that pushed for symmetrical treatment of developing and developed countries in matters of differentiation. This chapter also explores the reasons for continuity and change in India’s positions over the decades.

scholarly journals A room with a view: a special issue with a special perspective

2021 ◽  
Vol 26 (3) ◽  
pp. 205-210
Author(s):  
Simone Borghesi
Keyword(s):  
Climate Change ◽  
Developing Countries ◽  
Climate Policy ◽  
Present Article ◽  
Emerging Economies ◽  
Emissions Trading ◽  
Developed Countries ◽  
Special Issue ◽  
Climate Policies

AbstractThe present article describes the main insights deriving from the papers collected in this special issue which jointly provide a ‘room with a view’ on some of the most relevant issues in climate policy such as: the role of uncertainty, the distributional implications of climate change, the drivers and applications of decarbonizing innovation, the role of emissions trading and its interactions with companion policies. While looking at different issues and from different angles, all papers share a similar attention to policy aspects and implications, especially in developing countries. This is particularly important to evaluate whether and to what extent the climate policies adopted thus far in developed countries can be replicated in emerging economies.

International Governance on Carbon Tariff and Its Vacuum in International Regime

2013 ◽  
Vol 01 (01) ◽  
pp. 1350008 ◽  
Author(s):  
Mou WANG
Keyword(s):  
Climate Change ◽  
Developing Countries ◽  
International Trade ◽  
Global Climate ◽  
Developed Countries ◽  
International Governance ◽  
International Consensus ◽  
Climate Governance ◽  
Emission Quota ◽  
Carbon Tariff

Drawing on the idea that countries are eligible to implement differentiated emission reduction policies based on their respective capabilities, some parties of UNFCCC attempt to weaken the principle of “Common but differentiated responsibilities(CBDR)” and impose carbon tariff on international trade. This initiative is in fact another camouflage to burden developing countries with emission cut obligation, which has no doubt undermined the development rights of developing countries. This paper defines Carbon Tariff as border measures that target import goods with embodied carbon emission. It can be import tariffs or other domestic tax measures that adjust border tax, which includes plain import tariffs and export rebates, border tax adjustment, emission quota and permit etc. For some developed countries, carbon tariffs mean to sever trade protectionism and to build trade barriers. Its theoretical arguments like “loss of comparative advantage”, “carbon leakage decreases environmental effectiveness” and “theoretical model bases” are pseudo-propositions without international consensus. Carbon tariff has become an intensively debated issue due to its duality of climate change and trade, but neither UNFCCC nor WTO has clarified this issue or has indicated a clear statement in this regard. As a result, it allows some parties to take advantage of this loophole and escape its international climate change obligation. Carbon tariff is an issue arising from global climate governance. To promote the cooperation of global climate governance and safeguard the social and economic development of developing countries, a fair and justified climate change regime and international trade institution should be established, and the settlement of the carbon tariff issue should be addressed within these frameworks. This paper argues that the international governance of carbon tariff should in cooperation with other international agreements; however, principles and guidelines regarding this issue should be developed under the UNFCCC. Based on these principles and guidelines, WTO can develop related technical operation provisions.

scholarly journals PERAN STRATEGIS PENERAPAN KONSEP SISTER CITY DALAM MENCIPTAKAN SURABAYA GREEN-CITY

2018 ◽  
Vol 2 (1) ◽  
pp. 144-151
Author(s):  
Inggang Perwangsa Nuralam
Keyword(s):  
Economic Growth ◽  
Developing Countries ◽  
Urban Areas ◽  
Developed Countries ◽  
City Development ◽  
Rapid Population Growth ◽  
Good Practices ◽  
Environmentally Sound ◽  
Complex Activities ◽  
Green City

Indonesia has many big cities with dynamic urbanization trend, increased economic growth and activities, rapid population growth, and dense populations such as Jakarta, Bandung, Medan, Surabaya and Balikpapan. As a result, the complex activities of people in urban areas need space and these needs cause environmental degradation, such as the practice of throwing garbage that is not in place. To prevent this in the future, it is important for developing countries like Indonesia to have benchmarks. Benchmarks for developing countries can come from developed countries. So far inter-city development usually has partnerships with cities abroad, including the sister city concept. Sister city practices can be used by cities in Indonesia for the development of good practices. The collaboration of Surabaya (Indonesia) with Kitakyushu (Japan) focuses a lot on creating urban planning that is environmentally sound or commonly known as green city or eco-city.

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