International IP Law and Sustainable Development LAW61020 SEMINAR 6 HANDOUT “IP and

International IP Law and Sustainable Development

LAW61020

SEMINAR 6 HANDOUT

“IP and the Environment”

Climate Change and its interaction with intellectual property law

Climate change is the large-scale, long-term shift in weather patterns and average temperatures across the world. There is scientific consensus that the actions of humans in contributing to the release of carbon dioxide and other greenhouse gases into the air has resulted in these long-term changes to the climate. For information about climate change, see this explanation from the UK Met Office: https://www.metoffice.gov.uk/weather/climate-change/what-is-climate-change

A number of sustainable development goals are engaged in relation to climate change, notably 13 (climate action) and 7 (affordable and clean energy), but the effects of climate change have important implications for many of the SDGs.

In this seminar, we explore the relationship between the climate emergency and intellectual property law.

Task 1:

Read:

Abbe Brown, ‘Intellectual Property and Climate Change’ in Rochelle Dreyfuss and Justine Pila (eds), The Oxford Handbook of Intellectual Property Law (OUP 2018) available via library catalogue

Matthew Rimmer, ‘Beyond the Paris Agreement: Intellectual Property, Innovation Policy, and Climate Justice’ (2019) 8 Laws 7; available at https://doi.org/10.3390/laws8010007

In light of your reading, consider the following discussion questions:

In your view, is there a relationship between climate change and intellectual property rights? Why?

Choose two of the following intellectual property rights, and make a table or diagram of ways that they can be relevant in the context of climate change:

Patents

Copyright

Trade marks

Trade secrets

Geographical indications

Climate justice and patents for innovation

Task 2:

Read:

Estelle Derclaye, ‘Patent law’s role in the protection of the environment – reassessing patent law and its justifications in the 21st century’ (2009) 40 IIC 249

Consider:

How are the traditional justifications for patents challenged by the climate crisis?

Should we reconsider the role of patents in light of questions of climate justice and the relevant SDGs?

Should changes to patent law to integrate environmental principles be considered?

Technology transfer: Does IP facilitate dissemination of climate technology?

Technological development is often seen to play a vital role in addressing the climate emergency. Technology for clean energy, to reduce pollution, and to increase efficiency are just some examples. The role that IP, and particularly patents, play in technology transfer of climate change technologies is the subject of ongoing debate.

Reading:

Joshua Sarnoff, ‘Patents and climate change’ in Joshua Sarnoff (ed), Research Handbook on Intellectual Property and Climate Change, (Edward Elgar 2016)

Dalindyebo Shabalala, ‘Intellectual property, climate change and development’ (2016) 8 WIPO Journal 64

Chuffart, Stephanie, Technology Transfer and Dissemination Under the UNFCCC: Achievements and New Perspectives (May 1, 2013). Columbia Law School, Sabin Center for Climate Change Law, May 2013, Columbia Public Law Research Paper No. 14-450, Available at SSRN: https://ssrn.com/abstract=2565891

In light of your reading, consider the following:

Do you think IP plays a positive, negative or neutral role in climate technology transfer? Why?

What are the main IP related obstacles in your view to the adoption of technologies to address climate change?

What strategies could be adopted to enhance technology transfer of climate technologies? Do you see any IP obstacles to those strategies?

Further Reading:

Abbe E L Brown, Intellectual Property, Climate Change and Technology: Managing National Legal Intersections, Relationships and Conflicts, (Edward Elgar 2019)

Joshua Sarnoff (ed), Research Handbook on Intellectual Property and Climate Change, (Edward Elgar 2016)

FM Abbott, “Innovation and Technology Transfer to Address Climate Change: Lessons for the Global Debate on Intellectual Property and Public Health” (2009) ICTSD Issue Paper No 24

J De Meeus and A Strowel, ‘Climate Change and the Debate around Green Technology Transfer and Patent Rules: History, Prospect and Unresolved Issues’ (2012) 3(2) WIPO Journal 179