Overcoming the Impasse on Intellectual Property and Climate Change at UNFCCC

Latif, Ahmed Abdel; Maskus, Keith E.; Okediji, Ruth L.; Reichman, Jerome H.; Roffe, Pedro

doi:10.7215/ip_pb_20111201

Cited by 17 publications

(6 citation statements)

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“…Similar process is undergoing in the WTO, and negotiations on technology transfer under the scope of TRIPS have not been evolving ( Zhou, 2019 ). Therefore, traditional diplomacy has been unable to reach consensus on how to balance IPRs and public interests to advance sustainability ( Latif et al, 2011 ).…”

Section: Methodsmentioning

confidence: 99%

Ocean Science Diplomacy can Be a Game Changer to Promote the Access to Marine Technology in Latin America and the Caribbean

Polejack

Coelho

2021

Front. Res. Metr. Anal.

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Ocean science is central in providing evidence for the implementation of the United Nations Law of the Sea Convention. The Convention’s provisions on transfer of marine technology to developing countries aim at strengthening scientific capabilities to promote equitable opportunities for these countries to exercise rights and obligations in managing the marine environment. Decades after the adoption of the Convention, these provisions are under implemented, despite the efforts of international organizations, such as IOC-UNESCO. Latin America and the Caribbean struggle to conduct marine scientific research and seize the opportunities of blue economy due to the limited access to state-of-the-art technology. Ocean science communities in these countries are subject to constraints not foreseeing in international treaties, such as unstable exchange rates, taxation, fees for transportation, costs of maintenance and calibration of technology, challenges to comply with technical standards, and intellectual property rights. Action is needed to overcome these challenges by promoting a closer tie between science and diplomacy. We discuss that this interplay between science and international relations, as we frame science diplomacy, can inform on how to progress in allowing countries in this region to develop relevant research and implement the Convention. We provide concrete examples of this transfer of marine technology and ways forward, in particular in the context of the UN Decade of Ocean Science for Sustainable Development (2021–2030).

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Section: Methodsmentioning

confidence: 99%

Ocean Science Diplomacy can Be a Game Changer to Promote the Access to Marine Technology in Latin America and the Caribbean

Polejack

Coelho

2021

Front. Res. Metr. Anal.

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“…For this purpose, identifying a number of 'parameters' to conduct a more structured discussion on this issue could offer a viable way of making progress beyond the current stalemate (Abdel Latif, Maskus, Okediji, Reichman, & Roffe, 2011). Such parameters should take into consideration the views of different stakeholders.…”

Section: A Possible Way Forwardmentioning

confidence: 97%

Intellectual property rights and the transfer of climate change technologies: issues, challenges, and way forward

Abdel-Latif¹

2014

Climate Policy

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The role of intellectual property rights (IPRs) in the development and transfer of climate change technologies has been a contentious issue in negotiations under the United Nations Framework Convention on Climate Change (UNFCCC). Irreconcilable differences seem to oppose those who believe IPRs are an inherent barrier to the transfer of climate change technologies and those who argue they are an essential incentive to innovation. After providing an overview of the polarized debate on this issue, this article reviews the existing literature and empirical evidence and looks into some practical initiatives and recent developments. Finally, it seeks to identify a way forward that could help overcome the current stalemate in international deliberations by suggesting a number of parameters to structure the discussion on this complex issue. Policy relevanceIncreasingly, IP appears to be a pressing challenge for the emerging climate technology regime, which if not adequately addressed might risk compromising the fulfilment of its mission. What are the reasons behind this stalemate? How do IPRs impact the transfer and diffusion of climate change technologies to developing countries? How could this stalemate be overcome? These are some of the key questions that this article seeks to examine by reviewing the existing scholarship, empirical evidence, as well as some recent relevant initiatives and developments. Finally, it suggests a way forward that could help overcome the current stalemate in international deliberations, on the basis of a number of parameters to help structure the discussion on this complex issue.

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“…9 Similar tensions, between strong IP rights and allowing developing countries more affordable access to technologies, are also evident in international debates about facilitation and finance . of technology transfer in climate negotiations under the United Nations Framework Convention on Climate Change (Latif et al 2011).…”

Section: International Debates On Traditional Knowledgementioning

confidence: 99%

Sovereignty and development: law and the politics of traditional knowledge in Kenya

Harrington

Deacon

Munyi

2021

Critical African Studies

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Overcoming the Impasse on Intellectual Property and Climate Change at UNFCCC

Cited by 17 publications

References 0 publications

Ocean Science Diplomacy can Be a Game Changer to Promote the Access to Marine Technology in Latin America and the Caribbean

Ocean Science Diplomacy can Be a Game Changer to Promote the Access to Marine Technology in Latin America and the Caribbean

Intellectual property rights and the transfer of climate change technologies: issues, challenges, and way forward

Sovereignty and development: law and the politics of traditional knowledge in Kenya

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