Can intellectual property rights within climate technology transfer work for the UNFCCC and the Paris Agreement?

Abstract

Since the UNFCCC 1992 mandated technology transfer commitments, how to fulfil the commitments and effectively facilitate the international transfer of climate-friendly technology in reality has been the subject of debate. In theory, climate change policymakers provide a broad framework for technology transfer through the UNFCCC regime. The 2015 Paris Agreement commits the Parties to strengthening cooperation on climate technology. In practice, however, the dynamic transfer of these technologies on an international scale does not take place fast enough to reach the full potential required by the UNFCCC. This shortcoming is partly due to intellectual property rights, which pose a significant obstacle to quick and efficient technology transfer. This article examines the kinds of changes in intellectual property laws needed to promote accessible, affordable and adaptable technology transfers and to help prepare host countries for potentially mandatory emission reductions in the post-Paris era.