The trips patent protection provisions and their effects on transferring climate change technologies to ldcs and poor developing countries

A critical appraisal

Khorsed Zaman*

*Corresponding author for this work

Research output: Contribution to journalArticle

Abstract

Despite the existence of almost eighty international agreements and legal instruments, there has not been a marked development in the transfer of climate change technologies to poor and the least developing countries. This article investigates the role of intellectual property rights (IPDs) and scrutinizes the effects of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) on the transfer of these technologies. It explores the TRIPS patent protection provisions and examines the associated flexibilities like compulsory licensing and parallel import options in the context of the transfer of climate change technologies. It finally concludes that the TRIPS patent protection rules, including the existing flexibilities, are one of the biggest impediments to the transfer of these technologies to poor and least developed countries. New agreements or promises on the transfer of green technologies would be fruitless if these TRIPS rules are not amended.

Original languageEnglish
Pages (from-to)137-161
Number of pages25
JournalAsian Journal of International Law
Volume3
Issue number1
DOIs
Publication statusPublished - 2013

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