Yvo de Boer

Executive Secretary

United Nations Framework Convention

on Climate Change

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

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?

Climate change science

The IPCC’s 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%

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

The context: technology and climate change

The world needs a global low-emissions economic development plan

• Technology needs to be at the plan’s 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

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

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.”

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.

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

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

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

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

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

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

Thank you