Intellectual Property and Climate Change
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Intellectual Property and Climate Change

Inventing Clean Technologies

9781848446243 Edward Elgar Publishing
Matthew Rimmer, Professor of Intellectual Property and Innovation Law, Faculty of Business and Law, Queensland University of Technology (QUT), Australia
Publication Date: 2011 ISBN: 978 1 84844 624 3 Extent: 512 pp
In the wake of the international summits in Copenhagen and Cancún, there is an urgent need to consider the role of intellectual property law in encouraging research, development, and diffusion of clean technologies to mitigate and adapt to the effects of climate change. This book charts the patent landscapes and legal conflicts emerging in a range of fields of innovation – including renewable forms of energy, such as solar power, wind power, and geothermal energy; as well as biofuels, green chemistry, green vehicles, energy efficiency, and smart grids.

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In the wake of the international summits in Copenhagen and Cancún, there is an urgent need to consider the role of intellectual property law in encouraging research, development, and diffusion of clean technologies to mitigate and adapt to the effects of climate change. This book charts the patent landscapes and legal conflicts emerging in a range of fields of innovation – including renewable forms of energy, such as solar power, wind power, and geothermal energy; as well as biofuels, green chemistry, green vehicles, energy efficiency, and smart grids.

As well as reviewing key international treaties, this book provides a detailed analysis of current trends in patent policy and administration in key nation states, and offers clear recommendations for law reform. It considers such options as technology transfer, compulsory licensing, public sector licensing, and patent pools; and analyses the development of Climate Innovation Centres, the Eco-Patent Commons, and environmental prizes, such as the L-Prize, the H-Prize, and the X-Prizes.

This book will have particular appeal to policy-makers given its focus upon recent legislative developments and reform proposals, as well as legal practitioners by developing a better understanding of recent legal, scientific, and business developments, and how they affect their practice. Innovators, scientists and researchers will also benefit from reading this book.
Critical Acclaim
‘The book is well written, scholarly, and accessible, and engages in depth with academic and practical legal and business literature. . . The bibliography and index to Rimmer’s book take up almost one hundred pages. In addition to a comprehensive list of secondary sources, there is a list of patents and trademark applications, a list of international materials and instruments, and a full list of cases with helpful definitions. . . Of great value, considering the diversity of potential readers of this book, is the depth of the index. Besides cases, the index lists innovators, venture capitalists, countries, and financial tools – among other categories of information. . . All those participating in the development of the field will find this book of immense value.’
– Abbe E.L. Brown, Climate Law

‘. . . this book is significant and timely. . . much value and interest to readers who want to have a good understanding of IP and climate change, contemporary reform proposals of patent law and new innovation models in response to climate change. Policy makers, patent practitioners, business entities and lawyers could observe the trend of legislative developments and practices from this book. It would also be a very useful reference for academics and post-graduate students researching climate change and IP.’
– Yujing Yang, Review of European Community and International Environmental Law

‘This detailed, multilayered volume is essential reading. Intellectual Property and Climate Change will have particular appeal to policymakers, given its focus upon recent legislative developments and reform proposals, as well as legal practitioners by developing a better understanding of recent legal, scientific and business developments, and how they affect their practice. Innovators, scientists and researchers will also benefit from reading this book.’
– Sir Read-a-lot.org

‘The title is an informative and well-organised compendium of the intellectual property aspects of climate change.’
– International Energy Law Review

‘An historically grounded study on a cutting-edge topic, Intellectual Property and Climate Change has it all. Not only is it well-written, concise, and hugely informative, it is also a timely intervention addressing truly global challenges. Quite simply, a must-read.’
– Eva Hemmungs Wirtén, Uppsala University, Sweden

‘Rimmer provides a much needed, well written, authoritative book on the intellectual property aspects of climate change, natural disasters, clean vehicles, and renewable energy. The book is essential reading for those wishing to better understand the complex patent issues involved with transitioning away from our current fossil-dominated economy to a more environmentally sustainable and equitable energy future.’
– Benjamin K. Sovacool, National University of Singapore
Contents
Contents: Preface Introduction: The Wizards of Menlo Park: Thomas Edison, General Electric Inc. and Ecomagination Part I: International Law 1. The Copenhagen Accord and the Cancún Agreements: Intellectual Property, Technology Transfer, and Climate Change 2. The TRIPS Agreement: Intellectual Property, Climate Change, and Disaster Capitalism 3. Energy Poverty: The World Intellectual Property Organization and the Development Agenda Part II: Patent Law 4. The Clean Technology Revolution: Patent Log-Jams and Fast-Tracks 5. The Toyota Prius: Hybrid Cars, and Patent Trolls 6. ‘Clean Energy for America, Power up America’: Patent Law and Compulsory Licensing Part III: Innovation 7. Climate Innovation Centres: Patent Law and Public Sector Licensing 8. The Eco-Patent Commons: Patent Pools, Clearing Houses, and Open Innovation 9. Environmental Prizes: The H-Prize, the L-Prize, and the X-Prize Conclusion: Intellectual Property and Climate Law Bibliography Index
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