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The Role of the Patent System in Stimulating Innovation and Technology Transfer for Climate Change

The Role of the Patent System in Stimulating Innovation and Technology Transfer for Climate Change
Author: Hee-Eun Kim
Publisher: Nomos Verlagsgesellschaft
Total Pages: 0
Release: 2011
Genre: Law
ISBN: 9783832965228

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Introduction -- Defining green technology -- Background : international legal framework for climate change -- Role of the patent system -- Green technology transfer and IP -- Balancing IP and competition -- Conclusion.


Patent Law, Green Technology and Innovation

Patent Law, Green Technology and Innovation
Author: Ankit Singh
Publisher: Taylor & Francis
Total Pages: 179
Release: 2022-09-19
Genre: Law
ISBN: 1000648249

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In the era of modern industrial regimes, the role of technology in tackling climate change is pivotal. International goals of climate change mitigation and sustainable development cannot be achieved without the contribution of new technologies. At the same time, the importance of patent protection and an efficient patent system that facilitates technology transfer among international frontiers cannot be overlooked. Many patented technologies are either not accessible for further dissemination or do not hold much technical value. Therefore, advanced systems of collaborative innovation have been developed, especially in the sector of green technology and green innovation. The environmental concerns of the global community cannot be tackled by a single company, person, sector or country. Innovation partnerships and collaborative research will play a vital role in combating global climate concerns and in determining the diffusion of green technologies for maximum impact. This book argues that policy-makers should encourage partnerships in technology rather than focusing on gaining investment and access to green technology to encourage global technological giants to transfer their technology and knowledge to local entities. It analyzes the relationship between patent protection, green innovation and diffusion of green technology against the backdrop of climate change and severe climate crisis. Taking an interdisciplinary approach to align patent law and green technology with the Sustainable Development Goals, it examines the effects of patent protection, technology transfer and compulsory licensing on the diffusion of green technologies while offering a systematic analysis of the relationship between patent protection, green innovation and diffusion of green technology from a global perspective.


The Role of Patent Protection in (clean/green) Technology Transfer

The Role of Patent Protection in (clean/green) Technology Transfer
Author: Bronwyn H. Hall
Publisher:
Total Pages: 36
Release: 2010
Genre: Economics
ISBN:

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Global climate change mitigation will require the development and diffusion of a large number and variety of new technologies. How will patent protection affect this process? In this paper we first review the evidence on the role of patents for innovation and international technology transfer in general. The literature suggests that patent protection in a host country encourages technology transfer to that country but that its impact on innovation and development is much more ambiguous. We then discuss the implications of these findings and other technology-specific evidence for the diffusion of climate change-related technologies. We conclude that the 'double externality' problem, that is the presence of both environmental and knowledge externalities, implies that patent protection may not be the optimal instrument for encouraging innovation in this area, especially given the range and variety of green technologies as well as the need for local adaptation of technologies -- National Bureau of Economic Research web site.


Environmental Technologies, Intellectual Property and Climate Change

Environmental Technologies, Intellectual Property and Climate Change
Author: Abbe E. L. Brown
Publisher: Edward Elgar Publishing
Total Pages: 313
Release: 2013-01-01
Genre: Technology & Engineering
ISBN: 085793418X

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Many disciplines are relevant to combating climate change. This challenging book draws together legal, regulatory, geographic, industrial and professional perspectives and explores the role of technologies in addressing climate change through mitigation, adaptation and information gathering. It explores some key issues. Is intellectual property part of the solution, an obstacle to change or peripheral? Are there more important questions? Do they receive the attention they deserve? And from whom? This innovative book will play an important role in stimulating holistic discussion and action on an issue of key importance to society. Environmental Technologies, Intellectual Property and Climate Change will appeal strongly to scholars researching IP and climate change, as well as to a range of professionals including venture capitalists, practising lawyers working in IP, environmental and corporate finance law, activists within both climate change and human rights, and policymakers.


Patents as an Incentive for Innovation

Patents as an Incentive for Innovation
Author: Rafal Sikorski
Publisher: Kluwer Law International B.V.
Total Pages: 474
Release: 2021-02-16
Genre: Law
ISBN: 9403524146

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Patents as an Incentive for Innovation Edited by Rafal Sikorski & Zaneta Zemla-Pacud Patents are a reward for human inventiveness. A well-functioning patent system must provide incentives for innovation, safeguard dynamic competition and protect the public interest – a balancing act fraught with difficulty in the ‘connected’ global world. This ground-breaking book is the first to deeply analyse how patent law today performs its function of stimulating innovation in the crucial sectors of healthcare, agriculture, artificial intelligence and communications technology. Patent specialists, practitioners and scholars from various jurisdictions thoroughly describe how patent rights can be deployed to incentivize investments in researching and developing socially critical innovations without sacrificing the public’s interest in sharing the benefits that are produced. Among the emerging issues of patent rights investigated are the following: protectability and morality of according private rights over material derived from the human body; licensing on fair, reasonable and non-discriminatory (FRAND) terms; the supplementary protection certificate (SPC) manufacturing waiver; patent eligibility of artificial intelligence-related inventions; excessive enforcement of patents by patent assertion entities; enforcement of second medical use innovations; the so-called farmer’s privilege, the farm-save seed exemption, and breeders’ rights; international trade regulations and their influence on patent systems; human enhancement technologies and the consequences of patenting them; specifics of patent protection for biologic medicines; challenges posed by artificial intelligence for the disclosure requirement in patent law; and standard essential patent licensing, particularly in the context of the 5G standard. Perspectives taken into consideration by the authors include protectability criteria, length and scope of the granted protection, mechanisms for dealing with the friction between generalized application and specialized concerns, and rights enforcement. These aspects are analysed on the domestic, international and global levels. The COVID-19 pandemic has highlighted the urgent need to strike the right balance between innovation and access in healthcare and other technologies, a need rooted in patent law. Because the problems discussed – and solutions offered – in this collection of expert essays are of tremendous practical and cultural significance, the book will be of immeasurable value to practitioners, policymakers and researchers in patent law and other fields of intellectual property law.


The Patent System and Climate Change

The Patent System and Climate Change
Author: Joshua D. Sarnoff
Publisher:
Total Pages: 0
Release: 2013
Genre:
ISBN:

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The amount of greenhouse gas emissions and consequent climate changes and social responses will depend substantially upon the rapid development and widespread dissemination of a wide variety of new mitigation and adaptation technologies. The international approach adopted by the UN Framework Convention on Climate Change in Cancun will focus the worldwide innovation system more closely on private funding and markets, and thus on the acquisition of patents at the front end of the coming innovation pipeline. The choice to rely on private markets and patents is highly debatable. But it is certain to create substantial tensions for the patent system to assure low-cost access to patented technologies at the back end of technology transfer needs. This article first describes the uncertain case for relying on the patent system, the tensions that will result from the unbalanced worldwide patenting of climate change technologies, the magnitude of the coming innovation needs, and the measures that have been proposed to limit the effect of the patent system on development of and access to climate change technologies. The article then describes six proposals for maximizing the innovation potential of the patent system while minimizing the costs of access in both the developed North and the developing South. The first set of proposals focuses on protecting research, directing patent incentives towards where they are most needed, and assuring inter-operability of innovations with patented technologies. The second set of proposals focuses on retaining and using ownership powers (and making better use of regulatory powers that look very similar) to better assure widespread access and low-cost licensing of patented technologies. The final proposal addresses expanding access to patented technologies that are voluntarily supplied at low cost to certain markets. These measures are more likely to be employed, to be more effective, and to be perceived as fairer and as less harmful to ex-ante innovation incentives than the alternative, ex-post regulatory actions that will remain available.


Patent Law and Climate Change

Patent Law and Climate Change
Author: Caoimhe Ring
Publisher:
Total Pages: 0
Release: 2022
Genre:
ISBN:

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Meeting the Paris Agreement target of maintaining global average temperature increases well below 2.0°C requires rapid innovation in climate-friendly, or green, technologies. A substantial literature has mapped the relationship between patent law and climate change, with the concern that patents are likely to interfere with progress on climate goals, yet there is little agreement on the solutions to this problem. This Note suggests patents may be less significant for green 'invention', at its early research stages, but that patents may still be important for green 'innovation'--encouraging the commercialization and diffusion of mature energy technologies.The main contribution of this Note is the contention that patents may have a thus-far under-examined role in promoting green innovation at the commercialization stage of innovation. Despite these intuitions, there has been inadequate investigation of entrepreneurial patenting practices from a theoretical or empirical standpoint. This is problematic as a matter of present knowledge, but it also risks neglecting a key component of the patent system as it affects green innovation. Commercialization and diffusion, it appears, have escaped attention owing to a failure to take stock of the broader innovation context. To remedy these issues, this Note draws on the innovation system literature, which may provide a useful framework to analyze patent law in the context of a variety of innovation incentive mechanisms which seek to respond to the innovation policy challenge posed by climate change.


Climate Change, Technology Transfer and Intellectual Property

Climate Change, Technology Transfer and Intellectual Property
Author: Dalindyebo B. Shabalala
Publisher: Createspace Independent Publishing Platform
Total Pages: 446
Release: 2014-10
Genre: Law
ISBN: 9781502390172

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The author examines the issue of whether intellectual property poses a barrier to technology transfer to address climate change and if so, what policymakers should do at the multilateral level. The book refocuses the question away from empirical approaches towards the key question of the legal capacity of developing countries to prospectively restructure their economies to access technologies and move up the technology value chain. It concludes with a set of recommendations for action at the United Nations Framework Convention on Climate Change.


Green Innovations and IPR Management

Green Innovations and IPR Management
Author: Andree Kirchner
Publisher: Kluwer Law International B.V.
Total Pages: 344
Release: 2013-03-01
Genre: Law
ISBN: 9041146741

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There can no longer be any doubt that promoting green innovations is essential if we are to meet the challenges of sustainable development, climate change, and intergenerational equity. With the maturity of this crucial awareness has come full recognition of the intellectual property rights of green innovators – an area of international law that has drawn a host of initiatives not only from lawyers and legal scholars but also from highly knowledgeable and well-placed authorities such as the World Intellectual Property Organization, the European Patent Office, the United Nations Environment Program, the International Tribunal for the Law of the Sea, the International Centre for Trade and Sustainable Development, the European Commission, and national environmental agencies. In this first-ever survey and analysis of the current and emerging state of the field, twenty-two outstanding practitioners, academics, policymakers, and officials describe the relevant work of all of these groups. Among the array of topics covered are the following: vast diversity of products, services, and processes; legacy IP measures from R&D in computers and semiconductors; role of green technology’s moral underpinning; wide-open startup vs. exorbitant up-front cost; and licensing issues in technology transfer. Although primarily intended for professionals concerned with the legal aspects of green technology – lawyers, policymakers, agency officials, academics – this book will also be of great value to inventors and technology companies as a guide to mechanisms for managing and sharing intellectual property rights in the context of green innovations. It is sure to engage a wide audience for years to come.