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Differentiated Intellectual Property Regimes for Environmental and Climate Technologies
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OECD_환경및기술_지적재산권제도차별화.pdf
Differentiated Intellectual Property Regimes for Environmental and Climate Technologies
EXECUTIVE SUMMARY
1. Designing global policies to combat climate change through technological innovation and
diffusion is a complex task. Parts of the negotiations at interim meetings of the UNFCCC leading up to the Copenhagen meeting in December 2009 focused on reforms in the global intellectual property rights (IPR) system for this purpose. Positions be hardened prior to the meeting; the U.S. Congress issued a directive that any new climate treaty cannot limit the scope or exercise of American IP rights while some developing countries continued to push for strong language on compulsory licensing or even exclusion of environmentally-sound technologies (EST) from patentability.
2. It is fair to say that neither of these positions is well informed with respect to the economics of intellectual property. Patent rights can support market power and refusals to license, though the evidence to date of this happening in ESTs is anecdotal. More generally, quantitative and qualitative analysis finds that patents have not yet mounted to a significant barrier to access in developing countries. Indeed, econometric evidence of general licensing behavior finds that multinational firms tend to increase the availability of new technologies when patent rights are strengthened, at least as regards transactions with partners in the
middle-income and larger developing countries. In this context, caution should be exercised in advocating changes that would weaken the IP system, though countries should remain vigilant to the potential need for competition policy in cases of demonstrated abuse. For this purpose TRIPS is already sufficiently flexible and any access gains that might emerge from its reform are likely to be outweighed by the risks from reduced incentives to invest in the development and transfer of new technologies.
3. This report addresses the question of whether particular changes in patent rules, which would require legislative changes in key countries, would be effective in inducing innovation and diffusion of ESTs to address climate change. Following is a summary view.
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