The study examines the relationship between patents and the development and transfer of clean-energy technologies and has yielded important insights, evidence and data which could lead to better-informed policy-making on this important subject.

The final report includes the findings from a comprehensive mapping of clean energy technologies, an in-depth analysis of the patent landscape for these technologies, and a survey of licensing activities in this field. A groundbreaking outcome of the project has also been the creation by EPO of a new patent classification scheme and a searchable database.

For further infornation, please contact:

Ahmed Abdel Latif, Programme Manager for Intellectual Property and Technology, ICTSD

(aabdellatif@ictsd.ch)

In response to many requests, the International Centre for Trade and Sustainable Development (ICTSD) is pleased to make available an information note which summarizes the key findings of its recent book “Intellectual Property and Sustainable Development: Development Agendas in a Changing World,” which was launched on 27th April 2010, at a side event during the last session of WIPO Committee on Development and Intellectual Property (CDIP).

The book, edited by Ricardo Meléndez-Ortiz and Pedro Roffe, was inspired by the dialogues and events sponsored by ICTSD globally since 2001, many of which were held in collaboration with the United Nations Conference on Trade and Development (UNCTAD) in the context of their joint project on intellectual property rights and sustainable development.

It brings together a selected number of papers by recognized experts in the field of IP and development initially produced for these dialogues, as well as those authored by rising scholars and policy-makers. The book’s ability to unite a diverse range of voices on issues that occupy a central space in today’s global policy debates is part of what sets it apart as a unique contribution to this field.

From a development perspective, a number of new and emerging IP issues are examined in this book as well. Case studies and experiences from Africa, Asia, and Latin America analyse the impact of IP on the pharmaceutical sector, the protection of life forms and traditional knowledge, geographical indications, access to knowledge, and the role of competition policy. Challenges developing countries face in the TRIPS-plus world are also addressed. The experiences revealed, as well as cyclical attitudes toward IP, show that there is ultimately no universal model of IP protection.

The objectives of the Dialogue are awareness-building and tangible progress in the implementation of the WHO Global strategy and plan of action on public health and intellectual property, with emphasis in the:

* Analysis of existing and exploration of new incentives, models, and initiatives to facilitate transfer of technology in local manufacturing for public health purposes;
* Identification of core requirements and challenges for promoting technology transfer in local manufacturing;
* Consideration of main regional options for promoting transfer of technology in local production.

Building on existing work and recent initiatives undertaken by WHO, UNCTAD and ICTSD the meeting will pay particular attention to the examination of recent trends and existing models but focus primarily on informal interactive sessions designed to identify core requirements as well the main lessons, challenges and options for promoting transfer of technology in local production in the region.

Enhancing access to climate change technology by developing countries is a key element
of any effective international response to the global climate change challenge.

Since the Bali meeting, the role of intellectual property rights (IPRs) has been the subject of increased attention in climate change discussions on technology transfer. The UNFCCC negotiating texts contain a widespectrum of options and proposals relating to IP which reflects a diversity of views on the subject.

In this context, this new ICTSD issue paper, Access to Climate Change Technology by Developing Countries: A Practical Strategy by Cynthia Cannady aims to contribute to these discussions by providing a much needed practical perspective on how these options and proposals would work “in the real world” and the extent to which they would effectively enable developing countries to gain greater access to climate change technologies.

The author, Cynthia Cannady, is founder of IP*SEVA, a law firm specializing in representation of sustainable energy technology ventures, and has extensive experience in technology licensing in addition to international policy work, as former director of the Intellectual Property and New Technologies Division at the World Intellectual Property Organization (WIPO).

This paper critically examines various approaches that have been suggested for facilitating access to climate change technology by developing countries, including compulsory licensing, patent pools, patent databases and structured voluntary licensing “mechanisms”. The paper details the practical problems facing these approaches to achieve the expected results for developing countries.

Instead, it  argues for a practical two-pronged strategy. The first prong is climate change technology innovation strategy (CCTIS), focusing on supporting climate change research and innovation in developing countries by developing country scientists. The second prong of the strategy is “win–win” development collaboration agreements for climate change technology between developed and developing country parties.

This paper was commissioned under the ICTSD Programme on IPRs and Sustainable Development as part of ICTSD’s Global Platform on Climate Change, Trade and Sustainable Energy, which is aimed specifically at contributing to effective international cooperation towards addressing climate change, by advancing analytical capacity of stakeholders and their interaction with policy-makers such that effective solutions can be built and agreed by the internationalcommunity at the Copenhagen COP-15, in December 2009.

The paper is available at http://ictsd.net/ and http://www.iprsonline.org/

It will bring together a selected group of international experts and policy-makers as well as other relevant stakeholders from Africa in order to explore existing and new incentives, models, and initiatives to facilitate transfer of technology in local manufacturing for public health purposes. The workshop will focus on informal interactive sessions designed to identify core requirements as well the main challenges and options for Africa in promoting transfer of technology in local production.

This workshop forms part of a broader project with the objective of increasing access, especially of poor and least developed countries, to medicines and vaccines of the poverty related, tropical, and neglected as well as non-communicable diseases through the promotion of technology transfer in local manufacturing.

The objective of the dialogue is to examine, in an informal setting, the main options and proposals raised in the climate change negotiations on technology development and transfer as well as to identify the main issues and gaps that need further discussion and elaboration in the post Copenhagen period, in order to reach an effective international framework for enhancing the diffusion of climate change technologies to developing countries.

Participation on request. To register, please contact Samantha Derksen (sderksen@ictsd.ch).

Background

Promoting the rapid introduction and adoption of climate-friendly technologies is critical to enhancing broader efforts to curb greenhouse gas emissions. In particular, enhancing the transfer of technologies required for the mitigation and adaptation of climate change by developing countries is considered an essential element of any new climate change deal.

Climate change negotiations reflect the complexity of the issues relating to technology development and transfer. They also reflect significant divergences on different aspects discussed (institutional and operational) as well as on related topics such as intellectual property, trade, and financing. In the climate change context, there is still significant uncertainty as to the best manner in which to provide effective mechanisms and incentives for the transfer of clean technologies, as well as the barriers that need to be overcome.

Nevertheless, in recent weeks, a number of elements have emerged from the preparatory meetings which could be part of a growing consensus on a “technology package”. These include: drawing lessons from existing partnerships and arrangements, technology action plans, regional centers for technology and innovation, the need to devote greater attention to climate change technologies for adaptation. Many aspects of these different elements still need to be worked out. Intellectual Property Rights (IPRs) remain the most controversial issue in the technology transfer discussion given the continued wide gap in positions.

The dialogue will examine these elements and issues in order to identify gaps and priorities with a view towards generating solutions-focused and policy-oriented outcomes to promote the transfer of climate-related technology.

Since the UNFCCC Bali meeting, ICTSD has expanded its activities of research, analysis, and multi-stakeholder engagement to increase understanding and enhance dialogue on transfer of climate change technology, particularly through its Climate Change Technology and Trade Initiative. Research and dialogues carried out in this area will be presented with a view towards enriching the discussions and advancing the policy dialogue.

Programme

9h00 Welcoming Remarks by ICTSD

9h15-9h45 State of play of the negotiations on climate change and technology development and transfer

9h45-10h45 Options and proposals on technology transfer and development: A critical perspective on elements of a possible technology transfer package

10h45-11h00 Coffee Break

11h00-11h30 Empirical evidence about the role of IPRs in technology transfer

11h30-12h15 Climate change, technology transfer and IPRs: Options and Issues

12h15-12h45 The way forward: Copenhagen and beyond

12h45 Lunch

For further information about ICTSD’S activities in the area of transfer of climate change technology:

ICTSD Transfer of Climate Change Technology

The workshop is designed to improve the understanding of the provisions of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) as they relate to measures for the protection of public health and their implications for local production of pharmaceuticals. The workshop targets local pharmaceutical producers, government officials (ministries of health, trade and industry, intellectual property offices, drug registration authorities and investment promotion agencies), civil society and academia.

Irfan Barloch Presentation

The United Nations Conference on Trade and Development (UNCTAD) and the International Centre for Trade and Sustainable Development (ICTSD) are pleased to invite you to a dialogue on: IP Offices and the Implementation of the WIPO Development Agenda: Challenges and Opportunities, Friday 18th September 2009, 13:15-14:45, Geneva International Conference Centre (CICG) 17, rue de Varembé, 1211 Geneva.

Objective

The aim of the dialogue is to examine the role and contribution of IP offices to the implementation of the WIPO Development Agenda recommendations, which were adopted by the WIPO Assemblies in 2007.

Background

In the past decade, IP offices worldwide have been engaged in an important process of modernization to upgrade their technical capabilities and streamline their operations in order to meet the growing demand in IPRs and to implement new global IP rules (most notably the TRIPS Agreement, WIPO instruments and IP provisions in regional and bilateral free trade agreements (FTAs)). This remains an ongoing challenge that is addressed by the WIPO International Symposium for IP authorities (17-18th September 2009) in the context of the organization’s strategic goal to create a more effective and coherent global IP infrastructure.

At the same time, global debates have centered on the achievement of a more balanced and development-oriented IP system, which is supportive of public policy objectives in the areas of innovation, health, climate change, food security and biodiversity. The WIPO Development Agenda (2007) - as well as other outcomes such as the Doha Declaration on TRIPS and Public Health (2001) and the WHO Global Strategy and Plan of Action on Public Health, Innovation and Intellectual Property (2008) - is an important milestone in this process. The effective implementation of the WIPO Development Agenda recommendations also remains an ongoing challenge.

Several of the WIPO Development Agenda recommendations are directly related to the work of IP offices. Recommendation 10 in particular requests WIPO “to assist Member States to develop and improve national intellectual property institutional capacity through further development of infrastructure and other facilities with a view to making national intellectual property institutions more efficient and promote fair balance between intellectual property protection and the public interest (emphasis added).
In this context, how can IP offices become more actively engaged in the implementation of the WIPO Development Agenda recommendations? What are recent examples of actions and initiatives which have been taken in this regard?
The Dialogue seeks to foster a constructive debate to discuss these questions and raise awareness about the importance of IP offices in efforts to implement the WIPO Development Agenda and to achieve an IP system and infrastructure that are supportive of public policy objectives and responsive to the views of all stakeholders.

Draft Programme

Introduction
Christoph Spennemann, UNCTAD

Moderator
Pedro Roffe, ICTSD

Speakers
Irfan Baloch- Acting Director, Development Agenda Coordination Division, WIPO
Ruth Okediji- Professor of Law, University of Minnesota Law School

Exchange of views with participants

Pre-registration by Thursday September 17th 2009 is required. Please contact Mr. Thomas Henninger (thenninger@ictsd.ch; tel: 022-917 88 55).