Category Archives: Intellectual Property

Environmental Technologies, Intellectual Property and Climate Change (ed. Abbe E. L. Brown)

Editor

Abbe E.L. Brown

Keywords

development studies, law and development, environment, climate change, innovation and technology, technology and ict, academic law, environmental law, human rights, intellectual property law, law and development, politics and public policy, human rights

Abstract

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.

1. Low carbon futures for all? Strategic options for global availability of environmental technologies 29 Keith Culver

2. The puzzling persistence of the intellectual property right/climate change relationship 59 Navraj Singh Ghaleigh

3. Failure is not an option: enhancing the use of intellectual property tools to secure wider and more equitable access to climate change technologies 84 Jon P. Santamauro

4. Partnership and sharing: beyond mainstream mechanisms 108 Anna Davies

5. Public–private partnerships for wider and equitable access to climate technologies 128 Elisa Morgera and Kati Kulovesi

6. Climate change, technology transfer and intellectual property rights: a modest exercise in thinking outside the box 152 Krishna Ravi Srinivas

7. Access to essential environmental technologies and poor communities: why human rights should be prioritized 181 Oche Onazi

8. Achieving greater access: a new role for established legal principles? 198 Abbe E.L. Brown

9. The ‘new normal’: food, climate change and intellectual property 223 Baskut Tuncak

10. Intellectual property: property rights and the public interest 249 James McLean

11. A view from inside the renewable energy industry 265 Mervyn D. Jones

12. A private institutional investment perspective 271 David A. McGrory

Citation

2013. Environmental Technologies, Intellectual Property and Climate Change, ed. Abbe E. L. Brown. Cheltenham: Elgar.

Paper

Environmental Technologies, Intellectual Property and Climate Change

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Unraveling the Nagoya Protocol: A Commentary on the Nagoya Protocol on Access and Benefit-sharing to the Convention on Biological Diversity (E. Morgera et al.)

Author(s)

Elisa Morgera, Elsa Tsioumani, Matthias Buck

Keywords

access, benefit-sharing, environmental sustainability, sustainable development, international law, human rights, intellectual property rights, health, food, oceans

Abstract

The Nagoya Protocol on access and benefit-sharing is an international environmental agreement that concerns environmental sustainability, other sustainable development issues and equity. It addresses a complex subject matter that affects a range of research, development and commercial activities and is relevant to different areas of international law such as human rights, intellectual property rights, health, food and oceans.

Unraveling the Nagoya Protocol identifies textual, contextual and systemic interpretative questions and suggests solutions that aim to give a coherent and balanced meaning to the text of the Protocol. Offering a systematic discussion of the Protocol’s legal innovations against the background of general international law, this commentary aims to be of use to international biodiversity law scholars and practitioners, as well as to international lawyers that approach access and benefit-sharing for the first time

Citation

E. Morgera et al. 2014. Unraveling the Nagoya Protocol: A Commentary on the Nagoya Protocol on Access and Benefit-sharing to the Convention on Biological Diversity. Martinus Nijhoff.

Paper

Unraveling the Nagoya Protocol: A Commentary on the Nagoya Protocol on Access and Benefit-sharing to the Convention on Biological Diversity

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Climate Change, Intellectual Property, and the Scope of Human Rights Obligations (K. Kapur)

Author(s)

Kavita Kapur

Keywords

human rights, climate change, intellectual property, obligations, clean energy technology, medicines

Abstract

“This article begins by looking specifically at the challenges that climate change poses to the traditional human rights framework, as well as the sources of human rights obligations in relation to climate change. The discussion then turns to questions of access to clean energy technology, and contrasts the issue to the debate over access to essential medicines. Next, the article focuses on prospective tensions with IP protections in the context of access to clean energy technology by applying various analytical frameworks grounded in human rights. The article concludes by underscoring the importance of the human rights analysis in mediating this tension and by cautioning against the creation of fortified IP protections that do not prioritize human
rights considerations.”

Citation

(2011) 11 (2) Sustainable Development Law and Policy 58.

Paper

Climate Change, Intellectual Property, and the Scope of Human Rights Obligations

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Protect or Plunder? Understanding Intellectual Property Rights (V. Shiva)

Author

Vandana Shiva

Keywords

Intellectual property rights, TRIPS, patents, human creativity, generation of knowledge, transnational corporations, of health, poor, farmers, corporate plunder, WTO, biotech, new technologies

Abstract

Intellectual property rights, TRIPS, patents – they sound technical, even boring. Yet, as Vandana Shiva shows, what kinds of ideas, technologies, identification of genes, even manipulations of life forms can be owned and exploited for profit by giant corporations is a vital issue for our times. In this readable and compelling introduction to an issue that lies at the heart of the socalled knowledge economy, Vandana Shiva makes clear how this Western-inspired and unprecedented widening of the concept does not in fact stimulate human creativity and the generation of knowledge. Instead, it is being exploited by transnational corporations in order to increase their profits at the expense of the health of ordinary people, and the poor in particular, and the age-old knowledge and independence of the world‘s farmers. Intellectual protection is being transformed into corporate plunder. Little wonder popular resistance around the world is rising to the WTO that polices this new intellectual world order, the pharmaceutical, biotech and other corporations which dominate it, and the new technologies they are foisting upon us.

Citation

Vandana Shiva, Protect or Plunder? Understanding Intellectual Property Rights (Zed Books, 2006

Book

Protect or Plunder? Understanding Intellectual Property Rights

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Traditional Knowledge Products in Latin America and their Misappropriation (M.A.G. Bardi, et al)

Author(s)

Marcelo A.G. Bardi, Evelyn Gutierrez-Oppe and Rodolfo Politano

Keywords

Biodiversity; Free trade; Intellectual property; South America; Traditional knowledge; International Trade

Abstract

Discusses the range of plant species in Latin America which are used inappropriately by global companies, and how intellectual property policies might be used to increase the protection available to traditional knowledge products. Reviews the biodiversity of Latin America , the scope for bio-piracy of traditional knowledge and proposals to amend existing free trade agreements including the Agreement on Trade-Related Aspects of Intellectual Property Rights 1994 to address such biodiversity-related concerns. Presents case studies on the appropriation of biological resources in the region.

Citation

(2011) 6(1) Journal of Intellectual Property Law & Practice 34-42

Paper

Traditional Knowledge Products in Latin America and their Misappropriation

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