The innovative state and the intellectual property management of publicly developed environmentally sound technology in the EU

Abstract

This paper can be roughly divided into two parts. In the first, we discuss the perceived problems with global intellectual property rights (IPR) in relation to climate change mitigation by fast and most efficient development and dissemination of environmentally sound technology (EST). We discuss, the limits posed on adapting these rules by the TRIPS Agreements and show how patents and IPR play an important role in transformation to dissemination and invention of crucial EST. In the second part, we discuss the possible alternatives which could be deployed to remedy the perceived deficits with the global IPR. We explain the crucial role of public funding for EST by discussing economic theory of innovation connected with writings of Joseph Schumpeter and Mariana Mazzucato, and we focus on the way in which the IPR of publicly funded EST have been managed. We outline the perceived problems and changes for most effective EST development and dissemination of IPR resulting from public resources.