Research Handbook on Intellectual Property and Climate Change


Research Handbook on Intellectual Property and Climate Change

9781849804677 Edward Elgar Publishing
Edited by Joshua D. Sarnoff, Professor of Law, DePaul University, College of Law, US
Publication Date: 2016 ISBN: 978 1 84980 467 7 Extent: 568 pp
This innovative research tool presents insights from a global group of leading intellectual property, environment, trade, and industrial scholars on the emerging and controversial topic of intellectual property and climate change. It provides a unique review of the scientific background, international treaties, and political context of climate change; identifies critical conflicts and differences of approach; and describes the relevant intellectual property law doctrines and policy options for regulating, developing, or disseminating needed technologies, activities, and business practices.

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Written by a global group of leading scholars, this wide-ranging Research Handbook provides insightful analysis, useful historical perspective, and a point of reference on the controversial nexus of climate change law and policy, intellectual property law and policy, innovation policy, technology transfer, and trade.

The contributors provide a unique review of the scientific background, international treaties, and political and institutional contexts of climate change and intellectual property law. They further identify critical conflicts and differences of approach between developed and developing countries. Finally they put forward and analyse the relevant intellectual property law doctrines and policy options for funding, developing, disseminating, and regulating the required technologies and their associated activities and business practices.

The book will serve as a resource and reference tool for scholars, policymakers and practitioners looking to understand the issues at the interface of intellectual property and climate change.
Critical Acclaim
‘Sarnoff’s Research Handbook on Intellectual Property and Climate Change is packed with varied perspectives and essential information and is therefore a very useful guide for anyone interested in IP and climate change (and beyond!). To have all this packed tightly into one book is a great thing. I’m quite pleased to have it on my bookshelf.’
– Eric Lane, Green Patent Blog

''Given Di Caprio’s acceptance speech at the Oscars, calling on the world to take climate change seriously, this terrific tome could not have been more timely! Boasting a splendid array of scholars and policy makers, it traverses a wide spectrum of issues at the interface of IP and climate change technologies. Professor Joshua Sarnoff needs to be commended for conceptualizing and co-ordinating this project, resulting in a bountiful book that offers incisive insights on one of the foremost policy challenges facing the world today!''
- Dr Shamnad Basheer, India

‘Tackling the climate problem will require the development, deployment and transfer of a wide variety of technologies at a pace and scale unprecedented outside of wartime. This will involve not only the environmental, energy and treaty laws familiar to climate law specialists, but also a bewildering array of issues under intellectual property, trade, procurement and other legal fields. Joshua Sarnoff has done a wonderful job in assembling leading experts from around the world to illuminate these complex matters.’
– Michael B. Gerrard, Columbia University Law School, US

‘In the wake of the Paris Agreement, there is a great need to encourage a transition to a clean energy world economy. Intellectual property and innovation policy will play a critical role in research, development, and deployment of clean technologies. In this context, the Research Handbook on Intellectual Property and Climate Change edited by Joshua Sarnoff is essential reading. This landmark collection provides a comprehensive examination of the inter-relationship between intellectual property and climate change. Leading authors from around the world tackle topics such as international law, patent law, green trade marks, copyright law, and trade secrets law. The Research Handbook on Intellectual Property and Climate Change also considers larger public policy issues in respect of climate finance, innovation law and policy, government procurement, standard-setting, and competition law.’
– Matthew Rimmer, Queensland University of Technology, Queensland

‘The December, 2015 Paris climate change agreement brings into sharp focus the relationship between technology innovation and transfer and greenhouse gas emission mitigation. But, the international climate change regime, such as it is, has barely addressed these issues. Thus, efforts to innovate and to broaden access to technology must take place in the context of international intellectual property and trade regimes which are more concerned with protecting intellectual property than in promoting broader access. Research Handbook in Intellectual Property and Climate Change could not be more timely. A group of leading scholars have developed a comprehensive analysis of the relevant issues at the intersection of energy policy and IP law and policy. Those diving into the field for the first time will find a comprehensive introduction to all the issues not available anywhere else. Specialists in various aspects of IP or energy law will gain a clear understanding of the problems of integrating the two regimes as well as a wealth of detail of how the existing regimes have worked in practice. The Research Handbook also would make a good supplement for a climate change class.’
– Dan Tarlock, Chicago-Kent College of Law, US
Contributors: P. Ala’i, P. Bifani, D. Borges Barbosa, M.A. Carrier, M.W. Carroll, J.L. Contreras, C.M. Correa, C. de Avila Plaza, E. Derclaye, P. Drahos, C.H. Farley, S. Ferrey, S.E. Gaines, D.A. Gantz, D.J. Gervais, D. Hunter, The International Council on Human Rights Policy, D.S. Levine, C.R. McManis, R.K. Musil, S.K. Sandeen, J.D. Sarnoff, D. Shabalala, G. Tansey, B. Tuncak, J.M. Urban, D. Vivas-Eugui, H. Wang, P.K. Yu


1. Introduction
Joshua D. Sarnoff

2. Climate Science and Policy Responses
David Hunter

3. International Law and Institutions for Climate Change
Sanford E. Gaines

4. Climate Change, the International Intellectual Property Régime, and Disputes Under the TRIPS Agreement
Daniel J. Gervais

5. Intellectual Property Rights Under the UNFCCC: Without Response to Developing Countries’ Concerns
Carlos M. Correa

6. The Intellectual Property Regime: Are There Lessons for Climate Change Negotiations?
Peter Drahos

7. Intellectual Property Enforcement and Global Climate Change
Peter K. Yu

8. Beyond Technology Transfer: Protecting Human Rights in a Climate-constrained World
The International Council On Human Rights Policy

9. Behind the Wall: Global Climate Change and American Religion
Robert K. Musil

10. Technology Transfer for Climate Change and Developing Country Viewpoints on Historical Responsibility and Common but Differentiated Responsibilities
Dalindyebo Shabalala

11. Government Choices in Innovation Funding
Joshua D. Sarnoff

12. Catalyzing Technology Development Through University Research
Jorge L. Contreras and Charles R. McManis

13. Antitrust and Climate Change
Michael A. Carrier

14. Climate Change Innovation, Products and Services Under the GATT/WTO System
David A. Gantz and Padideh Ala’i

15. The Role of Government Procurement in Regard to Development, Dissemination and Costs of Climate Change Technologies
Denis Borges Barbosa and Charlene de Avila Plaza

16. Patents and Climate Change
Joshua D. Sarnoff

17. Trade Secrets and Climate Change: Uncovering Secret Solutions to the Problem of Greenhouse Gas Emissions
Sharon K. Sandeen and David S. Levine

18. The Role of Copyright in the Protection of the Environment and the Fight Against Climate Change: Is the Current Copyright System Adequate?
Estelle Derclaye

19. Intellectual Property and Related Rights in Climate Data
Michael W. Carroll

20. Green Marks
Christine Haight Farley

21. Standards and Related Intellectual Property Issues for Climate Change Technology
Jorge L. Contreras

22. Privacy Issues in Smart Grid Deployment
Jennifer M. Urban

23. Energy
Steven Ferrey

24. Transportation
Paolo Bifani, David Vivas-Eugui, and Hiafeng Wang

25. Food
Geoff Tansey

26. Natural Resources
Baskut Tuncak


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