WIPO Torino Oct 2013

8/13/2019 WIPO Torino Oct 2013

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Intellectual Property and ClimateChangeAnnual Conference of the Masters of Laws in IP

Anja von der Ropp, Global Challenges Division

TorinoOctober 1, 2013


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Emission of greenhouse gases

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IPCC Fourth Assessment Report (AR4), (2007)


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Overview of Swiss Cleantech businesses

Advice, planning and engineering services

Brownfield remediation

Efficient energy systems and applications

Emissions and exhaust treatment

Energy production and recycling

Measurement and control technology

Mobility

Municipal infrastructure maintenance

Protection against emissions and natural threats

Waste treatment and Recycling

Water and waste water treatment


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5

Green Technologies

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Agenda 21 of the The United Nations Programme of Action from Rio, Rio deJaneiro, 1992

"Environmentally Sound Technologiesprotect the environment, are lesspolluting, use all resources in a more sustainable manner, recycle more of theirwastes and products, and handle residual wastes in a more acceptable mannerthan the technologies for which they were substituted."

These "include know-how, procedures, goods and services, and equipment aswell as organizational and managerial procedures.


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Investment in Green Technologies

For only the second time since 2006, global investmentsin renewable energy in 2012 failed to top the yearbefore

Continuing upward trend in developing countries in

2012, with investments in the South topping $112 billionvs $132 billion in developed countries

China dominant country (67 billion), sharp increases inSouth Africa, Morocco, Mexico, Chile and Kenya(Global Trends in Renewable Energy Investment, UNEP/Bloomberg, 2013)


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Some facts on green technologies

The private sector drives around 70 percent of innovation around theworld. In the area of green technology, this rises to 80 percent, whichmeans that private companies fund 4 out of every 5 US dollars investedin R&D.

(WIPO Magazine Pioneering Green Innovation: An interview with General Electric-January 2012)

The majority of patents in these fields are held by multinationalbusinesses, and more and more small and medium-sized businessesare investing in these green technologies and submitting patents.(J. Reichman, A. Rai, G. Newell and J. Wiener, Intellectual Property and Alternatives : Strategies for Green Innovation,

report 08/03 Chatham House, December 2008, p. 17.)

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Innovation and diffusion

more needs to be done to address global environmentalchallenges

We need as much green innovation as possible

INCENTIVEAnd we need to make as many green technologies

as widely available as possible

ACCESS


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Transfer of wind power technology

International Transfer of wind power technology, 1988-2007,OECD 2010


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Technology transfer

University - industry

Country - country


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Different channels/models for transfer

Buying/selling

In-licensing/out-licensing

Creation of platforms aimed at developing, transferring

and utilizing green technologies, such as joint ventures,strategic alliances, research and development services

Acquisition of knowledge about different greentechnologies through specialized programs, technical

assistance, training and education


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WTO TRIPS Council

Communication from Ecuador (IP/C/W/585), February 2013

Reaffirmation of the existing flexiblities

Review of Article 31, particularly its para (f), include

know-how Evaluation of the regulation of voluntary licensing

Authorizing exemption from patentability for ESTs

Special reduction in the term of protection for a patent

Inclusion of a mechanism in the TRIPS Agreement topromote open and adaptable technology licensing

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UNFCCC - AD HOC WORKING GROUP ON LONG-TERM

COOPERATIVE ACTION UNDER THE CONVENTION

December 2009Draft conclusions proposed by the Chair, Addendum Draft decision -/CP.15,

Enhanced action on technology development and transfer

17.bis Specific and urgent measures shall be taken and mechanismsdeveloped to remove barriers to the development and transfer of

technologies arising from intellectual property rights protection, inparticular:

17.ter Parties shall take all necessary steps in all relevant forums toexclude from Intellectual Property Rights protection, and revoke anysuch existing intellectual property right protection in developingcountries and least developed countries on environmentally soundtechnologies to adapt to and mitigate climate change, including thosedeveloped through funding by governments or international agenciesand those involving use of genetic resources that are used for

adaptation and mitigation of climate change;

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Draft synthesis of the 2nd round of TNAs on

enabling environments and barriers to

technology development & transfer

(TEC/2013/6/10)most prominent overall mitigation barriers identified byparties, in order of importance:

inappropriate economic and financial incentives and

disincentives; insufficient legal and regulatory frameworks;

market failure or imperfection;

technical barriers;

network failures;

information awareness;

institutional and organizational capacity;

human skills;

social, cultural and behavioral barriers.

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Innovation and technology diffusion

A voluntary forum for exchange creates a greaterlikelihood that blocking patents will be identified andrationally licensed early, before commercialization

creates holdup issues.(Inverse Enclosure: Abdicating the Green Technology Landscape, Cahoy, AmericanBusiness Law Journal, 2012)

Collaborative mechanisms and knowledge brokerages toencourage the exchange of proprietary knowledge couldhave significant impacts on innovation efficiency andeffectiveness.

(Fostering Innovation for Green Growth, OECD, 2011)

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Part II: Intellectual Property Rights

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Relevant Intellectual Property Rights

Know-how

Protection of undisclosed information or trade secrets

Certification and collective marks, geographical

indications Plant variety protection

Suppression of unfair competition including such asmisleading claims about carbon offset

Protection of traditional knowledge through conventionalor sui generis mechanisms

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Trademarks

Ecolabels identify products that are relevant to climatechange mitigation

Certification marks: when a good or a service conformswith standards set by a certifying organization (NGO,

IGO, commercial body or government agency) Examples: EU Ecolabel, Chile CERTFOR


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Patents

No specific substantive provisions on green technologiesin patent or trademark law

What is different?

Interdisciplinary nature of green technologies (solar PVuses semiconductor manufacturing methods etc.)

Challenges with regard to novelty and non-obviousness/inventive step


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Programs to fast track green patent

applications

Australia, Brazil, Canada, China, Israel, Japan, Korea,UK, (US)

Objective: accelerate diffusion of green technologies

Dechezlepretre, 2013, ICTSD:Programs have accelerated diffusion of knowledge

over the first years that followed the publication

Used in particular by fast growing start up companies,

who can use a patent to raise capital or to licensetheir technology and start making revenue


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Patenting trends: continued increase in

energy-related technologies (8% in 2010)

World Intellectual Property Indicators, 2011


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Share of solar energy patent applications for

the top origins, 2006-2010


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Share of wind energy patent applications for

the top origins, 2006-2010


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Patenting trends: geography of innovation

Trends by technologylargest number of applications for:

solar energy: JP (29%), KR (17%), US (14%), CN

(10%)fuel cell technologies: JP (53%), US (14%), KR (10%),

DE (8%)

geothermal energy: DE (14%), US (14%), KR (13%),

JP (10%), CN (9.5%)Wind energy: US (17%), DE (15%), CN (11%), JP

(9%)(World Intellectual Property Indicators, 2012)


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Patenting trends - emerging economies

Of the 215,000 patents registered for low emissionstechnologies between 1998-2008, 10 percent wereregistered in emerging countries.(Are IPR a barrier to the transfer of climate change technology?, Copenhagen Economics, 2009)

In Brazil, China and the Russian federation, there is arelatively high concentration of applications related toenvironmental technologies.(World Intellectual Property Indicators, 2011)


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Patenting trends

Less than 1% of all patent applications relating to cleanenergy technologies have been filed in Africa

Relatively high level of inventive activity in Africa

While the global growth rate is 5%, in Africa, it is 9% Share of international research collaborations is 23% for

African clean energy technologies, compared to 12%worldwide

(Patents and clean energy technologies in Africa, UNEP/EPO, 2013)


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Patenting trends

Increase in patenting activity shows that

Patent system follows and supports technology trends

Innovations that have an economic value are

protected by patentsShift in geography: highest growth rates in East Asia


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Thank you for your attention!

OC O G G O O O G COO C O CO O


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AD HOC WORKING GROUP ON LONG-TERM COOPERATIVE ACTION UNDER THE CONVENTION

Eighth session Copenhagen, 7.15 December 2009Outcome of the work of the Ad Hoc Working Group on Long-

term Cooperative Action under the Convention, Draft conclusions proposed by the Chair, Addendum

Draft decision -/CP.15, Enhanced action on technology development and transfer

[Intel lectual Property Rights

Option 1: No Reference to Intellectual Property Rights in the textOption 2: Decides that:

17. Any international agreement on intellectual property shall not be interpreted or implementedin a manner that limits or prevents any Party from taking any measures to address adaptation ormitigation of climate change, in particular the development and enhancement of endogenouscapacities and technologies of developing countries and transfer of, and access to,environmentally sound technologies and know-how;17.bis Specific and urgent measures shall be taken and mechanisms developed to removebarriers to the development and transfer of technologies arising from intellectual property rightsprotection, in particular:

(a) Creation of a Global Technology Intellectual Property Rights Pool for Climate Change thatpromotes and ensures access to intellectual property protected technologies and the associatedknow-how to developing countries on non-exclusive royalty-free terms;(b) Take steps to ensure sharing of publicly funded technologies and related know-how, includingby making the technologies and know-how available in the public domain in a manner thatpromotes transfer of and/or access to environmentally sound technology and know-how todeveloping countries on royalty-free terms;17.ter Parties shall take all necessary steps in all relevant forums to exclude from IntellectualProperty Rights protection, and revoke any such existing intellectual property right protection in

developing countries and least developed countries on environmentally sound technologies toadapt to and mitigate climate change, including those developed through funding by governmentsor international agencies and those involving use of genetic resources that are used for adaptationand mitigation of climate change;17.quar Developing countries have the right to make use of the full flexibilities contained in theTrade Related Aspects of Intellectual Property Rights agreement, including compulsory licensing;17.quin The Technology Executive Committee shall recommend to the Conference of the Partiesinternational actions to support the removal of barriers to technology development and transfer,including those arising from intellectual property rights.];

http://unfccc.int/resource/docs/2009/awglca8/eng/l07a03.pdf
http://unfccc.int/resource/docs/2009/awglca8/eng/l07a03.pdfhttp://unfccc.int/resource/docs/2009/awglca8/eng/l07a03.pdf

WIPO Torino Oct 2013

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