Currently, two tracks are being followed, with one focusing on the UN Convention under the Ad Hoc Working Group on Long Term Cooperative Action under the Convention (LCA) and the other track discussing the Kyoto Protocol. Earlier, on December 8th, developing countries showed great concern when a leak of a draft agreement (provided by the Guardian here ) by the Danish hosts which implied that transfers would be linked to specific actions that developing countries were to take. This was quickly brushed aside by embarrassed officials as merely being one of several unofficial papers, however the G77 countries haven’t been so quick to forget it. The leaked document suggested that $10 billion was to be given as a ‘quick start’ fund. Considering the amount of money that countries have given to bail out their financial institutions, and the enormity and urgent nature of the global warming situation, responses included “paltry amount” and “it won’t even pay for the all the coffins”.
According to IP Watch, “Bernarditas de Castro-Muller, one of the lead negotiators of G77 developing countries, said that developed countries had committed to the transfer of technology to developing countries under the UN Convention, especially Article 4.1.c. “It is a commitment already in the Convention,” she said.”
However, it is quite alarming to look at USA’s internal discussion on the matter. To quote a member of the House of Representatives, as well as a member of the USA delegation to Kyoto in 1997, on the issue of compulsory licensing under the UNFCCC, “
The American people need to know that those were code words, like ‘compulsory licensing’ and ‘technology transfer’, that really mean allowing other countries to steal the American patents, copyrights and trademarks for anything related to climate change, efficiency or energy under the draft climate change treaty.” To read more, check here.On December 16th, WIPO Director General Francis Gurry, speaking at some side events at Copenhagen, took a more pro-developed country viewpoint on the issue. As per the WIPO Press Release, “
Two major policy objectives need to be prioritized: Encouraging investment in the creation of environment-friendly technologies, and the rapid dissemination of those technologies. In both cases, the IP system, and in particular patents, are fundamental in that they provide a stimulus for investment in green innovation and contribute to a rapid – and global – diffusion of new technologies and knowledge.Green innovation requires significant private sector investment, which is incentivized through an effective patent system. The IP system makes an invention a tradable good, which can be licensed or assigned, thus facilitating technology partnerships.
Effective patent protection in recipient countries can spur international technology transfer from the private sector. Moreover, since all patents are published, the patent system also provides the most comprehensive public repository of information on latest technologies. It reveals knowledge that already exists, which helps to develop new technologies, and it helps identify technologies that are not protected and thus freely available.”
With the huge spotlight being placed on Copenhagen, many of the bigger nations are conscious that steps taken are being viewed on the global political stage as well. While developing countries such as India, China, Brazil are essentially crying out that it is only reasonable for richer countries which have historically contributed more to global pollution be more responsible for their actions, and developed nations are stating that everyone should have an equal burden – each wanting the other to take on more of the burden, the island nations just want anyone to take it on, before they are drowned out. The smaller island nations however, being in the most urgent need of action, since they are in danger of being washed out by rising waters, are desperate to get any or all of the international community to start taking immediate action.
Although its complicated enough on its own, one would hope that in addition to transfer of technology, the negotiations also include collaboration of efforts at innovating and creating new technology, since that would mean more relevant technology as well as more efficient deployment. As it currently stands, such collaborations are extremely difficult due to various barriers including IPRs.
Update: At COP 15, US Secretary of State, Hillary Clinton, just announced that by 2020 the United States will work towards providing poor countries $100billion annually for climate change, contingent on all major economies contributing and helping to seal a deal, transparent to all parties.
To see the non-working papers prepared by the LCA, check here.
IP watch has good coverage of the 1st and 2nd drafts here and here respectively.
For more general reading on IP and climate change, click here
