Title: Intellectual property rights and transfer of clean energy technologies

Authors: Wei Zhuang

Addresses: Geneva University Law School, Bd du Pont-d'Arve 40, CH-1211 Genève 4, Switzerland

Abstract: Transfer of clean energy technologies to developing countries is essential for climate change mitigation; however, it does not happen rapidly enough. On the supply side, industrialised nations' companies see insufficient IPR protection in developing countries as a barrier to technology transfer while on the demand side, developing countries consider IPR protection as a barrier for them to access the clean energy technologies. This paper examines the role of IPRs in the transfer of clean energy technologies through a case study of wind energy technologies. Legal solutions are explored to make the current IPR regime work for transfer of clean energy technologies in the UNFCCC as well as the WTO framework.

Keywords: intellectual property rights; technology transfer; clean energy technologies; wind energy; developing countries; industrialised nations; industrial companies; demand side; legal solutions; World Trade Organization; WTO; UNFCCC; United Nations; framework conventions; climate change; international treaties; public law; public policy.

DOI: 10.1504/IJPLAP.2011.044993

International Journal of Public Law and Policy, 2011 Vol.1 No.4, pp.384 - 401

Published online: 31 Mar 2015 *

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