Climate Change Law Technology Transfer And Sustainable Development

This book explores the possibilities and scope of facilitating innovation and transfer of the environmentally sound technologies in the Post-Paris climate era. The possibilities to be explored by the book will first focus on the roles of the climate finance and technological cooperation mechanisms in innovation and transfer of environmentally sound technologies. Secondly, the book will focus on role of the ‘flexible mechanism’ (i.e. indirect financial mechanisms), which has been re-introduced by the Paris Agreement as ‘voluntary cooperation’ or ‘sustainable development’ mechanism in innovation and transfer of environmentally sound technologies. Thirdly, the book will contain a comparative analysis regarding efficiency of the technology transfer mechanism under global climate regime in comparison with technology transfer mechanism that exists under other multilateral environmental agreements (MEAs). In addition to the above, since the issues of trans-boundary technology transfer is also a matter of concern for international trade, the book will discuss to what extent the international trade related laws e.g. intellectual property laws, investment related laws governed by the World Trade Organizations (WTO) can play role in facilitating transfer of the environmentally sound technologies. Another important aspect that this book will cover is potential roles which private sectors can play in innovating and transferring environmentally sound technologies under above-mentioned instruments of international law. In short, this book will be based on the argument that if global climate regime and the international trade regime collaborate each other in creating enabling environment and attracting private sector to invest in the field of environmentally sound technologies, the global challenges of innovation and transfer of the environmentally sound technologies to the developing and least developed countries can be fulfilled in more efficient manner. From conceptual perspectives, discussions and analyses of the book will be made in the light of the principles of equity and common but differentiated responsibilities and respective capabilities (CBDR-RC) - two main guiding principles of the international laws on climate change. This book will be of great interest to scholars of climate change, technology transfer, intellectual property and sustainable development. Besides, national and international level policy makers dealing with climate change and sustainable development will be greatly benefitted from this book.

The book discusses climate technology transfer under the UNFCCC framework, and China’s relevant legislation and practices. It first explores theoretical basis of climate change-related technology transfer, with a particular focus on the differences between climate technology transfer and business-as-usual performance. The book then reviews practices of both technology supplier and user, in order to generally identify potential legal barriers and obstacles. Finally, it sheds light on China, providing a comprehensive assessment on barriers that hinder the trans-boundary transfers of low carbon technologies and need to be overcome in future. The issues concerned involve two of the most dynamic areas in current China’s lawmaking progress: environment laws and Intellectual Property laws. The book provides an in-depth analysis on China’s legislation and practices in this regard. At international level, the legal framework of climate technology transfer is examined in a systematic, prudent and constructive manner. On this basis, the book highlights potential commons, consistency and possible coordination between the UNFCCC and the WTO regime. This book is accessible to both Chinese and international environmental law specialists. It appeals to a broad readership, including environmental scientists, economists concerned with China’s intellectual property law, foreign investment law and anyone interested in the topic: how to green intellectual property rights regime for climate technology transfer in the China context.

Climate Change, Sustainable Development, Cleantech envisions both global cleantech development and international cleantech transfer as crucial means to address climate change and secure sustainable development for planet earth. The book examines what it takes to attract foreign cleantech and encourage domestic cleantech innovation. The author proposes a pathway for developing countries that includes international aid, mutually beneficial international cleantech cooperation and domestic cleantech innovation.

The Editors --List of Contributors --List of Abbreviations --Institutional Definitions and Abbreviations --Preface --Framing the Issues --TRIPS Article 66.2: Between Hard Law and Soft Law? --Assessing Reporting Obligations under TRIPS Article 66.2 --Technology Transfer and Competition Law: Options for Developing Countries --Intellectual Property Rights, Technology Transfer and Development: The Case of Compulsory Licensing --ACTA and the Destabilization of TRIPS --Breaking Down Barriers to Technology Transfer: Reforming WTO Standard-Setting Rules and Establishing an Advisory Facility in Standard-Setting for Developing and Least Developed Countries --Technology Transfer and Climate Change --Technology Transfer and Benefit Sharing under the Biodiversity Convention --Sustainable Technology Transfer, Climate Control, and Renewable Power in Vietnam --Vietnam: A Case Study for Sustainable Technology Transfer --From Reality to Law: Sustainable Technology Transfer - An Outlook --Bibliography.

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.

This book identifies steps that can be taken to bridge divisions on technology transfer and cooperation between Annex I and non-Annex I countries that have become apparent during the UNFCCC negotiations. It is based on the proceedings of a recent workshop at Chatham House that brought together key speakers and negotiators to focus on how these problems may be resolved through the use of FDI and other new approaches to encouraging the adoption of positive measures.

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.

'An historically grounded study on a cutting-edge topic, Intellectual Property and Climate Change has it all. Not only is it well-written, concise, and hugely informative, it is also a timely intervention addressing truly global challenges. Quite simply, a must-read.' Eva Hemmungs Wirtén, Uppsala University, Sweden 'Rimmer provides a much needed, well written, authoritative book on the intellectual property aspects of climate change, natural disasters, clean vehicles, and renewable energy. The book is essential reading for those wishing to better understand the complex patent issues involved with transitioning away from our current fossil-dominated economy to a more environmentally sustainable and equitable energy future.' Benjamin K. Sovacool, National University of Singapore In the wake of the international summits in Copenhagen and Cancún, there is an urgent need to consider the role of intellectual property law in encouraging research, development, and diffusion of clean technologies to mitigate and adapt to the effects of climate change. This book charts the patent landscapes and legal conflicts emerging in a range of fields of innovation including renewable forms of energy, such as solar power, wind power, and geothermal energy; as well as biofuels, green chemistry, green vehicles, energy efficiency, and smart grids. As well as reviewing key international treaties, this book provides a detailed analysis of current trends in patent policy and administration in key nation states, and offers clear recommendations for law reform. It considers such options as technology transfer, compulsory licensing, public sector licensing, and patent pools; and analyses the development of Climate Innovation Centres, the Eco-Patent Commons, and environmental prizes, such as the L-Prize, the H-Prize, and the X-Prizes. This book will have particular appeal to policy-makers given its focus upon recent legislative developments and reform proposals, as well as legal practitioners by developing a better understanding of recent legal, scientific, and business developments, and how they affect their practice. Innovators, scientists and researchers will also benefit from reading this book.