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The TRIPS Patent Protection Provisions andTheir Effects on Transferring Climate ChangeTechnologies to LDCs and Poor DevelopingCountries : A Critical Appraisal
Khorseduzzaman, MD
Khorseduzzaman, MD
Author
Abstract
Despite the existence of almost eighty international agreements and legal instruments, there has not been a marked development in the transfer of climate change technologies to poor and the least developing countries. This article investigates the role of intellectual property rights (IPDs) and scrutinizes the effects of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) on the transfer of these technologies. It explores the TRIPS patent protection provisions and examines the associated flexibilities like compulsory licensing and parallel import options in the context of the transfer of climate change technologies. It finally concludes that the TRIPS patent protection rules, including the existing flexibilities, are one of the biggest impediments to the transfer of these technologies to poor and least developed countries. New agreements or promises on the transfer of green technologies would be fruitless if these TRIPS rules are not amended.
Keywords
intellectual property rights, patent protection, climate change, World Trade Organization, technology transfer, Agreement on Trade-Related Aspects of Intellectual Property Rights, compulsory licensing, parallel import
Date
2013
Type
Journal article
Journal
Book
Volume
3
Issue
1
Page Range
137-161
Article Number
ACU Department
Thomas More Law School
Faculty of Law and Business
Faculty of Law and Business
Collections
Relation URI
Event URL
Open Access Status
License
All rights reserved
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Controlled
Notes
Copyright © Asian Journal of International Law 2012