Inventing a cleaner future: climate change and the opportunity for intellectual property

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Inventing a cleaner future climate change and
the opportunity for intellectual property
Yvo de Boer Executive Secretary United Nations
Framework Convention on Climate Change
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Outline

• Overview of the key role of technology in the
  intergovernmental climate change process
• How should IPRs be handled in the international
  context of climate change?

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Climate change science

• The IPCCs findings told the world that there is
  no time left to waste.
• Climate change is unequivocal
• Unmitigated climate change will threaten our
  survival
• Impacts are very likely to increase
• Impacts will destroy economic gains
• Current climate change abatement will not
  suffice
• 1970 2004 emissions increase of 70
• Projection up to 2030 emissions increase of
  25-90

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Global energy demand

• Environmentally sound technologies are central to
  addressing climate change
• IEA reference scenario
• energy demand to grow by 60 by 2030
• up to 2030 energy supply infrastructure needs
  investment of USD20 trillion, more than half in
  developing countries
• emissions increase or decline by 50
• Mitigation technologies
• Adaptation technologies

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The context technology and climate change

• The world needs a global low-emissions economic
  development plan
• Technology needs to be at the plans heart.
• IPCC stabilisation of green house gases can be
  achieved with current and up-and-coming
  technologies, if incentives are in place.
• Current barriers to the deployment and diffusion
  include
• human behaviour
• absence of policies, legal and regulatory
  frameworks
• investments in infrastructure
• IPR, patent-related issues

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Technology and international climate policy

• Technology features strongly in the
  inter-governmental process on climate change
• The UNFCCC and its Kyoto Protocol provide
  opportunities for cooperation on technology
• development, deployment and diffusion
• both for mitigation and for adaptation

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Technology and international climate policy

• The Bali Road Map
• Two-year process to enhance the international
  response to climate change, including enhanced
  action on mitigation
• Developing countries
• Nationally appropriate mitigation actions
  supported and enabled by technology in a
  measurable, reportable and verifiable manner.
• Industrialised countries
• measurable, reportable, verifiable mitigation
  actions, including quantified emission limitation
  and reduction objectives.

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Technology and international climate policy

• The Bali Road Map
• Measurable, reportable and verifiable mitigation
  action by developing countries depends on
  measurable, reportable and verifiable
  technological and financial support.
• Technology is one of the central elements that
  will enable action.
• The two-year process is an opportunity to
  strengthen technology approaches.

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Technology and international climate policy

• Technology needs a revolutionary push
• Criticism that insufficient progress has been
  made on technology
• Need for an effective international mechanism
• removal of barriers and provision of resources
• All stages of the technology cycle need to be
  addressed
• from innovation to application
• consider funding and policy for each stage
• Parties have cited IPR and patent-related issues
  as barriers

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IPRs and technology transfer

• Are IPRs barriers for technology transfer?
• Developing countries
• IPRs are a barrier further consideration is
  needed on
• Regulating patent regimes to balance reward and
  access
• Removing barriers to accessing technologies in
  the public domain
• Increased costs could limit dissemination of
  ESTs
• Compulsory licenses

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IPRs and technology transfer

• Are IPRs a barrier to technology transfer?
• Industrialised countries
• IPRs are needed to stimulate and reward
• IPRs to promote competition
• Strong IPR protection helps deploy advanced
  technologies
• Many existing climate friendly technologies are
  not protected by patents.
• IPRs are a small part of the total capital
  requirements

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IPRs and technology transfer

• Do we need a special patent regime for climate
  change?
• Public-private partnerships (PPPs), with options
  such as
• Purchasing commitments
• Voluntary buy-out of IPRs
• Compulsory licensing

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IPRs and technology transfer

• Public ownership of IPRs for technologies
• Less suitable for existing technologies
• For energy-generation technologies, IPRs
  represent a smaller component of cost
• Continued cooperation with the owners
• Possibly more suitable for new technologies
• Collaborative development of technologies IPR
  as a free or low-cost public good.
• Adaptation technologies with a large element of
  public good

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Input needed

• Technology in future climate change abatement
• Key role of technology development and transfer
• IPR-related issues have been discussed in a
  theoretical manner
• The process needs clarity on where IPRs are a
  barrier, where not
• If they are a barrier, how can that barrier be
  overcome?
• How can IPR-issues be handled in the
  international climate change context?
• Your views on what Governments should
• agree on for IPRs in view of 2009

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Thank you