The death of intellectual property in climate negotiation, and then the birth of TRIPS declaration?

The death of intellectual property in climate negotiation, and then the birth of TRIPS declaration?

Journal article

1 online resource (pp. 376–399)

2045-9807 (Print)
2045-9815 (Online)

The international transfer of climate technologies is essential for developing countries to address climate change effectively. However, intellectual property (IP) has long been a point of contention in climate negotiations, resulting in its notable absence from the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement. This article argues that adopting a ‘Declaration on the TRIPS Agreement and Climate Change’ could offer a practical legal and diplomatic starting point to integrate the fragmented fields of IP, trade, and climate governance, and to facilitate the transfer of climate technologies. It proposes the concept of ‘public climate technology’, referring to certain technologies that should be treated as global public goods. For these technologies, appropriate measures should be taken to balance public interest and private IP rights. The article explores how the proposed Declaration could clarify that developing countries are permitted to use TRIPS flexibilities and adopt other legal tools to access and transfer climate technologies. It also assesses the legal basis, potential content, and political feasibility of the Declaration, and argues that, even if imperfect, such an initiative may help break the current deadlock and improve global cooperation on climate technology transfer.

Queen Mary Journal of Intellectual Property ; Volume 15, Issue 4

[Northampton, England] : Edward Elgar Publishing Ltd., 2025.

English

https://www.elgaronline.com/page/Conditions%20of%20use/terms-and-conditions

External Online Journals > Queen Mary Journal of Intellectual Property