A Re-Reflection to Protection Standards of International Intellectual Property In the Context of Climate-Friendly Technology Transfer

Abstract

There is an unsettled debate regarding the role of intellectual property (IP) in the development and transfer of climate friendly technologies under the international climate negotiation. Such debate arises from distinct opinions on IP protection standards. It can worsen the solution of climate-friendly technology transfer to developing countries. This study aims to address the question of whether a premise for minimum protection standards exists in the international IP system combined with climate-friendly technology transfer. First, the basic problem of why international IP standards pose a threat to climate-friendly technology transfer is clarified. Second, three levels of arguments are applied to prove that the IP protection standard is not the only minimum requirement. The negative effects on the transfer of climate-friendly technology arise from ambiguous existing legal provisions and practices. Third, this study provides some suggestions for improvement for international IP standards accommodating the transfer of climate-friendly technology.

DOI: 10.5901/ajis.2014.v3n6p173