W3a.green.EN

Committee: WIPO 3 - Innovation

Issue: How does intellectual property favor the development and diffusion of green technologies?

Chair: Manon Michel

Introduction

In a world of constant globalisation and development, the path towards sustainable development and green technologies is one that is increasingly necessary. Along with the emergence of their importance to society, green technologies have recently become one of the fastest growing industries. The global markets for solar photovoltaic, wind power, and biofuels grew at a 30% rate in 2011, to a combined total market size of $246B.

The United Nations pushes countries worldwide increasingly every year to take this ethical path in order to tackle major issues such as global warming, one of the most important environmental issues. It is also important to note that green technologies are beneficial for the economy as they provide a more reliable and cheaper source of energy than fossil fuels, as well as being sustainable and clean. Green technologies also bring self-sufficiency to countries, this in turn would allow political decisions to cease being influenced by energy requirements. On top of this, green technologies deliver cleaner air, water and land, thus ending pollution-caused health issues.

It is evident that in order to choose the path of green technology, this path needs to be available. The key to this availability is the ability to innovate and this is where intellectual property comes in. The concept of IP and patents emerged in order to encourage people to create and invent. It is with this perspective that it is important to explore how states can use intellectual property, patent systems and the World Intellectual Property Organisation in order to bring to life the innovation necessary for the development and diffusion of green technologies.

“The fact remains that invention patents are the key to the green revolution, for only technological innovations will allow us to contain the effects of human activity on the environment.” - Guillaume HENRY, Intellectual Property Rights and Green Technologies

Key Terms

Intellectual Property: “Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.” - wipo.int

IP is protected in law by, for example, patents, copyright and trademarks. IP rights stimulate innovation and creativity by enabling people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system encourages market order and aims to foster an environment in which creativity and innovation can flourish. Respecting IP rights also promotes economic, social and cultural development

Patents: A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. Patents protect technology and expand the body of technological knowledge since full disclosure needs to be given on the way the invention works. To obtain a patent you also need to prove that it is innovative and useful. Patents last for a maximum time of 20 years and the patent-demander must pay fees for it.

Copyright: Copyright (or author’s right) is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture, and films, to computer programs, databases, advertisements, maps and technical drawings.

Trademark: A trademark is a sign that makes the goods or services of one enterprise distinguishable from those of other enterprises. Trademarks are protected by intellectual property rights. They give the public an idea of quality. Trademarks are valuable for companies as they attract customers and they are licensable.

Patent pools: According to the World Intellectual Property Organisation, patent pools can be defined as an agreement between two or more patent owners to license one or more of their patents to one another or to third parties. Often, patent pools are associated with complex technologies that require complementary patents in order to provide efficient technical solutions.

Compulsory license: A compulsory license is one where a third party has access to a technology that is patent-protected without the consent of the patent holder. The compulsory license converts the monopoly of the patent owner into a simple right of remuneration for that owner.

Despite the fact that the compulsory license does not eliminate the substance of the patent considering the patent holder still earns from the patent and can still make profitable his investment, it rids the industrial property right of its ability to exclude its competitors and the possibility of implementing a strategy for issuing licences.

Green Technology: The term "technology" refers to the application of knowledge for practical purposes. The field of "green technology" (also known as “greentech” or “cleantech”) encompasses a continuously evolving group of methods and materials, from techniques for generating energy to non-toxic cleaning products. The current expectation is that this field will bring innovation and changes in daily life of similar magnitude to the "information technology" explosion over the last two decades. In these early stages, it is impossible to predict what "green technology" may eventually encompass.

The goals that inform developments in this rapidly growing field include:

Sustainability: Meeting the needs of society in ways that can continue indefinitely into the future without damaging or depleting natural resources. In short, meeting present needs without compromising the ability of future generations to meet their own needs.

Cradle to Cradle design: Creating products that can be fully reclaimed or re-used. The goal would be to put an end to the "cradle to grave" cycle of manufactured products.

Source reduction: Reducing waste and pollution by changing patterns of production and consumption.

Innovation: Developing alternatives to technologies - whether fossil fuel or chemical intensive agriculture - that have been demonstrated to damage health and the environment.

Viability: Creating a center of economic activity around technologies and products that benefit the environment, speeding their implementation and creating new careers that truly protect the planet.

Green technology encompases several subject areas such as:

Energy: Perhaps the most urgent issue for green technology, this includes the development of alternative fuels, new means of generating energy and energy efficiency.

Green building: Green building encompasses everything from the choice of building materials to where a building is located.

Environmentally preferred purchasing: This government innovation involves the search for products whose contents and methods of production have the smallest possible impact on the environment, and mandates that these be the preferred products for government purchasing.

Green chemistry: The invention, design and application of chemical products and processes to reduce or to eliminate the use and generation of hazardous substances.

Green nanotechnology: Nanotechnology involves the manipulation of materials at the scale of the nanometer, one billionth of a meter. Some scientists believe that the forthcoming mastery of this subject will transform the way that everything in the world is manufactured. "Green nanotechnology" is the application of green chemistry and green engineering principles to this field.

WIPO GREEN: WIPO GREEN is an interactive marketplace that promotes innovation and diffusion of green technologies. It does so by connecting green technology and service providers with those seeking innovative solutions. It supports global efforts to address climate change through the skills and technologies available via its network and online database.

The WIPO GREEN Database allows you to search for green technology products, services and intellectual property assets, as well as post an announcement of a need. Anyone with a green technology can apply to add their technology to the database and the searches are open to all. The WIPO GREEN network helps facilitate commercial relationships and transactions by connecting green technology providers and seekers, and acts as a gateway to a range of useful services.

Energy transition: Energy transition refers to a significant change in energy policy. It is a long-term structural change in energy systems. The term ‘energy transition’ encompasses a reorientation of policy from demand to supply and a shift from centralized to distributed generation (meaning energy would be produced in smaller units), which would avoid overproduction and replace it with energy-saving measures as well as increased efficiency.

Ecological modernisation: Ecological modernization (EM) is a social theory that argues that the economy benefits from moves towards environmentalism. It has gained increasing attention among scholars and policymakers in the last several decades internationally. It is an analytical approach as well as a policy strategy and environmental discourse. This European-originated social theory makes the environment an actor in modernization theory and practice and ecological considerations as important as economic considerations in forging policy. In this approach, green technology and innovation are key to economic progress. EM theorists argue that environmental sustainability, reducing consumption and wisely using resources, is key to the maintenance and increase of economic competitiveness.

TRIPS Agreement: The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) in 1994 and became effective on the 1st of January 1995. It is an international agreement administered by the World Trade Organisation (WTO). The TRIPS agreement attributes minimum standards for many forms of IP regulation as applied to nationals of other WTO members.

History

Intellectual Property

Intellectual Property rights were born during the British Industrial Revolution during the late 18th century. The British patent system stimulated innovation which allowed for great inventions such as the steam engine and the “flying shuttle”. The British Patent system is known to be one of the main reasons for the success and the location of the first Industrial Revolution being in Britain. The United Kingdom is also responsible for the 1st national copyright law. Indeed, the first statute to provide for copyright that was regulated by the government and courts (rather than by private parties) was the Statute of Anne, also known as the Copyright Act 1709, it is an act of the Parliament of Great Britain and was passed in 1710.

However patents have existed for much longer, the history of patents and patent law is generally considered to have started with the Venetian Statute of 1474. Established in the Republic of Venice, the first statutory patent system in Europe, and may be deemed to be the earliest codified patent system in the world. Although often celebrated "as the first comprehensive patent law which introduced the basic principles of intellectual property", the Venetian Statute of 1474 is very different from the modern patent system, for example Venetian patents were granted free of charge.

Green Technologies

The importance of green technologies lies in the future of the latter and less so in its history. Nevertheless, when working on improving the future of a matter, considering its history is vital.

Although it may seem that green technologies are a fairly recent phenomenon, the concept isn’t new. The use of clean technologies was around abundantly in the United States of America during the 20th century. Back then, much like today, there was also a debate between gasoline-powered cars and electric cars, and unlike some would think, it was widely agreed that electric cars were better. In addition to this, in Southern Carolina, solar heaters warmed water for showers. In the drought-ridden prairie states of Nebraska and Kansas, windmills drew up water, helping westward expansion as much as the steam engine.

When discussing the history of green technologies it is important to include structures like windmills for example, which aren’t exactly recent, but are most definitely “green”. Daniel Halladay designed the first windmill with sails or blades that self-regulated or adjusted to the direction of the wind in 1854. These innovations in design, such as changing the shape of the sails, making the mills out of steel, or adding gears, allowed an exponential growth in energy harnessed. The number of companies specializing in windmills grew, too. Aermotor, which sold its first windmill in 1882 and operates to this day, was one of the largest windmill companies, selling 20,000 windmills within 10 years of operation.

In the early 20th century, it seemed as though solar energy was sure to take over the energy market in California. The California-based Day and Night Solar Heater company produced solar heaters in the 1920s in such abundance that they had to move to larger quarters twice as demand grew. However with the expansion of gas manufacturing plants and the discovery of natural gas in southern California, gas became more affordable than solar energy in California which led to its decline.

Most growing green technologies in the US in the 20th century took the same path, one of being neglected due to pricing. Despite the fact green technologies aren’t exactly ‘new’, they have only been considered as a serious matter since the 1990’s. There is an ever growing realisation that the cost-difference between fossil fuels and renewable energies or simply the possible cost of clean technologies as a whole, is not a factor that should allow us to undermine the importance of the earth's preservation.

Intellectual Property and Green technologies

In order to look into the history of the usage of IP for green technologies it is important to study the initiatives put in place to facilitate the use of IP in developing and diffusing green technologies.

Green Intellectual Property Scheme - 2006

When considering the fact that the current IP framework embodies and was built around the wealthy societies of the North, together with fertile markets, it is imperative that the North reshapes the framework if they wish to expand it to the South without substantial markets. The Green Intellectual Property (Green IP) scheme or more explicitly the “Patent Insurance” scheme,) would call for preserving a reliable and sustainable patent system and ensuring unimpeded access to socio-ecological needs or green technologies while “ensuring” strong patent protections and consequently stimulating research and development even for unexploited markets.

“Through the core and extended plans, the Green IP scheme would serve as a “green tax” to facilitate market incorporating its failure attributed to the current IP system. At the same time, the scheme would make for reliability and sustainability of the patent system where the patentee would successfully collect early investments and earn reasonable rewards for invented technologies. Furthermore, by means of amalgamating the Green IP scheme and the proposed alternative mechanisms for neglected technologies, inventors would be motivated to develop such technologies even when users do not have sufficient financial means.”

Itaru Nitta, Green Intellectual Property Project, Geneva, Switzerland

Green Technology Pilot Program (see explanation in Countries concerned, USA)

This program was put in place in December 2009 in the USA.

WIPO GREEN (see definition in Key Terms)

The interactive marketplace WIPO GREEN that aims to promote the innovation and diffusion of green technologies was launched by WIPO the 28th of November 2013.

This initiative is very important and helps achieve 2 of the SDG’s: Goal 8 (Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all) and Goal 12 (Ensure sustainable consumption and production patterns).

The development of green innovations since the year 2000

In 2009, INPI recorded 5,000 patent application submissions relating to green technology, comprising 37% of all submissions.

In 2009, the three fields of managing energy consumption, energy production and pollution management amounted to 15% of submissions, an increase compared with 7% in 2000.

Between 2000 and 2009, applications associated with solar energy production tripled (85 applications in 2009), those linked to wind or hydraulic energy multiplied by four (42 and 43 applications respectively in 2009), and those linked to alternative propulsion systems for means of transport by 2.5 (125 patents in 2009).

Therefore, green technologies now represent a significant part of innovation. Despite the positive development of green innovations since the year 2000, it is undeniable that innovation in this field must be promoted more firmly in order to transition to an economy based on low greenhouse gas emissions that implies long term, on-going innovation.

The Eco-Patent Commons

In January 2008, IBM, Nokia, Pitney Bowes, Sony and the World Business Council for Sustainable Development (WBCSD) launched the Eco-Patent Commons. Since then, about 100 patents have been pledged by 11 companies, each representing a variety of industries worldwide (Bosch, Dow, Fuji-Xerox, HP, IBM, Nokia, Pitney Bowes, Ricoh, Sony, Taisei and Xerox). The Environmental Law Institute became the host organization in 2013.

“The Eco-Patent Commons provides a unique opportunity for business to share innovation that can foster sustainable development. It was designed to facilitate the use of existing innovation that is protective of the environment, and encourage collaboration for new innovation through an online collection of environmentally beneficial patents pledged by the member companies for free use by anyone.” - ecopatentcommons.org

For example, Nokia introduced a patent to the community for recycling mobile phones.

In the field of green technologies, in order to be effective, the patent communities should each concentrate on one particular technology: wind, solar energies, carbon capture, etc..

When it comes to green technologies, patent communities must receive encouragement from incentive schemes, in particular by offering rewards when the exclusivity regarding patents is waived.

Countries and organisations concerned

The World Intellectual Property Organisation (WIPO)

WIPO is an international, intergovernmental organisation which involves 188 member states and englobes 26 treaties so far. Its headquarters are based in Geneva and it has offices worldwide (New York, Brazil, Russia, China, Japan, Singapore…). The World Intellectual Property Organisation provides help to governments, businesses and individuals by: supporting policy makers, facilitating access to protection of IP assets, making IP laws, making IP work for development and improving access to the IP system. WIPO is a demand driven organisation that helps strengthen member states’ respective IP systems and gives them advice and practical support (it is important to note that there is not one single IP system as IP systems varies from country to country).

EPO

The European Patent Office is an intergovernmental organisation that was founded the 7th of October 1977 on the basis of the European patent convention (EPC), signed in 1973 in Munich. It has two bodies, the European Patent Office and the Administrative Council, which supervises the Office's activities.

OECD

The Organization for Economic Co-operation and Development was established in 1961. The “OECD uses its wealth of information on a broad range of topics to help governments foster prosperity and fight poverty through economic growth and financial stability.” It helps “ensure the environmental implications of economic and social development are taken into account.” (according to the OECD website).

Creative Commons

Creative Commons (CC) is an American non-profit organization founded in 2001 that engages in expanding the range of creative works available for others to build upon legally and to share. The organisation created several licenses best known under the name of Creative Commons licences. These licenses allow creators to communicate which rights they reserve, and which rights they waive for the benefit of recipients or other creators. As of January 2016 there were an estimated 1.1 billion works licensed under the various Creative Commons licenses. The Creative Commons organization offers an alternative to the IP system of one's country, which is generally stricter.

Greenpeace

Environmental non-governmental organisations (NGO’s) such as Greenpeace (or Friends of Earth) have become serious players in the policy-making domain. They now play the role of lobbyists and ‘watchdogs’ in environmental matters and their input has become to industries as important as that of economists or policy planners. It is therefore undeniable that NGO’s like Greenpeace play an important role in the development of green technologies, and not just because their focus is green, but also because they are influential.

The International Association for the Protection of Intellectual Property (AIPPI)

The International Association for the Protection of Intellectual Property, known as AIPPI (Association Internationale pour la Protection de la Propriété Intellectuelle), is the world’s leading International Organization dedicated to the development and improvement of laws for the protection of intellectual property. It is a politically neutral, non-profit organization, based in Switzerland with over 9000 Members representing more than 100 countries.

United Kingdom

In May 2009, the United Kingdom put in place an initiative called Green Channel. The director of the English patent office indicated that the period of time between the submission of the patent and the granting of the latter would be reduced to 8 to 9 months as opposed to the usual 3 to 5 years. In October 2009, 65 applications had been filed with the British patent office under the accelerated system.

In terms of usage of green technology, the United Kingdom is growing a rapid interest in solar energy for example. It is in fact believed that 10 million homes in the UK will have solar panels by 2020.

In 2012, the UK government created the UK Green Investment Bank (GIB). It is considered the world’s first investment bank dedicated to greening the economy. It is funded by the government (£3.8 billion according to the British government). The GIB invest in “innovative environmentally-friendly areas for which there is a lack of support from private markets”. Their investments include “offshore wind power generation, waste-handling plants, energy efficiency measures, biomass, biofuels, carbon capture and storage, marine energy and renewable heat generation.”

Japan

Following the Fukushima nuclear disaster, rather than having energy shortages, the country survived by cutting back and reducing consumption. Although there has been a positive evolution in terms of green technology, for example a higher use of solar panels and big efforts to reduce consumption, Japan still depends hugely on fossil fuels (now imported). “Dirty energy now accounts for 85% of Japan’s energy consumption, up from 60% within just two years.” notes Fortune magazine in 2013. The Japanese government is however very keen to encourage further energy savings.

France

The interest in green technologies is high in France, and it is even said to be a “world leader in green technology”. On top of its capacities in terms of green technologies, France has a strategic position at the heart of Europe which attracts international companies. Having the largest market in the world with 500 million consumers and being a member of the European Union that offers a single currency in 13 different countries, facilitating trade, France stands out from other countries. The numerous businesses that invest in green technology in France reflect France’s openness to innovation.

“France’s investment in creating visibility toward a long-term, lower-carbon future supports the commitment to build our factory in Blanquefort,” says Bruce Sohn, First Solar president.

United States of America

The United States government is aware that the investment in green technologies strongly depends on patents, therefore recognises their importance in this stance. In December 2009, the United States Patent and Trademark Office (USPTO) created the Green Technology Pilot Program to accelerate the examination of certain green technology patent applications. The average time between acceptance of a patent application into the program and a first official office action from the patent office was just 68 days, compared to 30 months on average outside the program. This increasingly encouraged innovation and 3500 patents were released as a result of this program. It also led to an increase in green patents granted, as seen in Figure 1 below.

The United States Government also spent about $68 million on energy research and development in 2010 at Argonne National Laboratory in Argonne, Illinois. Alternatively, government subsidizes research and development at private companies by offering grants or loan guarantees. U.S.-based venture capital investments in clean technologies increased from $5.1 billion in 2010 to $6.6 billion in 2012. These numbers illustrate the willingness of the United States to contribute to the development and diffusion of green technologies and its understanding towards the important role of intellectual property in this scope.

Brazil

Brazil is a significant developing country, not only because it's the 5th largest country in the world and has 200 million inhabitants, but also because of the richness of its land and resources. Unfortunately the resources of Brazil haven’t been exploited in a sustainable manner, consequently the country is well known for its environmental problems such as deforestation (as well as urban violence and social disparities).

Perhaps one of the origins of the problems is the lack of leadership when it comes to green business and sustainability. Despite the economic problems that Brazil faces, an increasing number of Brazilians would be willing to pay more for green goods as long as information is given to justify higher prices.

Brazil undeniably has the capacities to use sustainable energy resources. Since 2009, Brazil has attracted more than $10 billion in wind power investment. The sector grew from 323 megawatts (MW) in 2008 to more than 3 gigawatts (GW) installed, with forecasts pegging 2016 capacity at 9 GW. This is way below Brazil's wind power potential of 340 GW. On top of this Brazil is revising its energy consumption standards in order to impose efficiency standards for a variety of electronic equipment, which will require investment in new technologies. About 70% of Brazil's electricity comes from renewable sources, such as large-scale hydropower, biomass and wind power, which removes the possibility of financing energy efficiency measures through carbon credits. Still, Brazilians are interested in efficiency and reducing energy consumption in homes, shops, factories and government buildings.

In addition to this, Brazil implemented new national programs to boost research, development and innovation in the mid-1990’s. Brazil has a strong research foundation that, according to Thomson Reuters, produces 2.7% of the world’s total scientific output. Brazil has already set up a variety of programs such as cheap loans or even government grants for small and large businesses, these aimed to boost innovation and foster partnerships between the private sector and academia. It is notable that as much as a quarter of research efforts are focused on greentech. Brazil’s enthusiasm towards encouraging green-innovation is noteworthy.

Germany

Germany's renewable energy sector is among the most innovative and successful worldwide. In the German electricity sector, net-generation from renewable energy sources increased from 6.3% in 2000 to around 30% in 2014. The year of 2014 also struck as the first time ever that wind, biogas and solar combined accounted for a larger portion of net electricity production than brown coal. In addition to this, Clean power supplied almost all of Germany’s power demand for the first time on the 15th of May in 2016, this marked a milestone for Angela Merkel’s “Energiewene” policy that aims to boost renewables while phasing out nuclear and fossil fuels.

Germany’s attitude towards green technologies is an extremely reassuring one that should be adopted by other nations.

Switzerland

Switzerland’s advanced commitment to keeping ‘green’ is acknowledged continuously year after year. The government is the one to thank for this accomplishment as it charges fees for waste and water management as well as enforcing environmental taxes which causes the swiss population to be environmentally-conscious.

Luxembourg

Luxembourg’s focus on green technology is notable through its National Plan for Sustainable Development, “The plan defines objectives and actions towards a sustainable development of Luxembourg on the basis of an analysis of the situation in 1999.” according to the European Urban Knowledge Network (EUKN). It has been reported that since 2008, the country’s citizens have decreased waste emissions by 28%.

Australia

In December 2014, the Australian Government passed the Emissions Reduction Fund that aims to reduce emissions by providing an incentive for landowners, businesses, state and local governments, organizations and individuals to adopt friendly practices and technologies.

Singapore

The government of Singapore has a clear commitment to enhancing Singapore’s ecological profile. To achieve this, government assistance is given to businesses in the field of green technology. “Over a five year period, the Singaporean government will invest over one billion dollars to support sustainable development programs, with a major focus on energy and water efficiency” states Goodnet.

Czech Republic

The Czech Republic has experienced a rapid growth in the past 20 years which has led to its government devising a Strategy for Sustainable Development in 2004. This initiative aspires to ensure a higher standard of living for its citizens but also for the environment. A notable effort made by The Czech Republic is the emphasis put on environmental-friendly tourism that is regulated by the Ministry of the Environment.

The case of developing countries

It is beyond doubt that the urgency linked to the diffusion of green technologies is a global one. The global challenge for green technologies is one that aims to ensure that green technologies can be used not only in western, developed countries but also in poorer part of the world, in developing countries.

Doctor Guillaume Henry, a lawyer specialised in intellectual property accurately explained the issues concerning developing countries when it comes to green technology and IP protection:

“For example, a new generation of wind turbine is invented by a French company. It holds patents in Europe, the United States, Japan, China, Mozambique and Brazil. If the French company has sufficient production facilities or indeed if it grants manufacturing and marketing rights to developed countries, the distribution of this technology should be effective in these countries. On the other hand, the prices charged could prove to be very indeed too expensive for the Chinese, Brazilian and Mozambican markets. If the French company refuses to reduce (or cannot reduce) its prices, in particular because the manufacturing costs for the turbine in France are too high, some countries may not be able to access this technology.

In this hypothesis, intellectual property is a barrier to the transfer of technology to developing countries. The problem is finding a legal solution which allows this transfer from a legal perspective.”

The question to be asked is one of finding ways to reconcile the interests of the patent holders and the needs of developing countries.

Possible solutions

“In the context of the issues regarding intellectual property rights and green technologies, the aim is to research the most effective laws possible in order to achieve a reduction in greenhouse gas emissions.

The efficiency of the current intellectual property system and more particularly the current patent system must be assessed on the basis of the three main challenges, which are: (1) to encourage the major economic players to back “green” innovation, (2) to promote the distribution of “green” technologies across all products and services, and (3) to allow developing countries to access these technologies. ” - Dr Guillaume Henry

Key actors and economic players

In considering possible solutions, it is important to pinpoint the possible actors. In theory, the action of governments is one that would be undeniably useful, however realistically governments generally are not in a position to mobilise masses of money to fund research in green technologies, especially in times of economic crisis. Therefore this focus for innovation must lie in private businesses. Hence the importance of intellectual property rights to stimulate the eagerness for innovation in the field of green technologies.

While the availability of green technologies is an important element to consider, so is the demand in green technologies, which is why the part played by consumers is one that should not be discredited. The ambition of consumers to reduce their carbon emissions should be orientated in two directions. First, the awareness and acknowledgement towards the risks and issues at hand, which further demonstrates the significance of journalists, scientists and activists. Secondly, the information given to the consumer on the goods and services purchased, which is where the importance of eco-labels (an environmental performance certification) comes in as well as the issue of greenwashing. Greenwashing is a deceptive use of green marketing that misleads consumers on a products environmentally-friendly aspect.

If it is indisputable that IP plays a key role in the spreading and development of green technologies, the challenge is to identify the ideal way of using IP rights to stimulate at best innovation for green technologies.

A special IP system for green technologies

It is undeniable that green technologies don’t fit into the same category as any other kind of technology. In this case, innovation is almost vital rather than an added comfort in human life. From this perspective, it is expected to consider that Intellectual Property rights should not be the same for vital technologies and technologies that solely improve human contentment. In the same way, there is a debate on the IP rights of pharmaceuticals considering the vitality of certain products and their difficulty of access to those in need due to their high pricing caused by the IP system.

This special system could be pushed in several directions. It could be interesting to consider the reinforcement of IP protection for green technologies. Evidently, the efficiency of this solution is debatable considering that the IP system, notably in Europe is already very protective and additionally the ability of a strict IP system to stimulate innovation is limited, but could be considered. On the other hand, a relaxation of the IP system could also be considered. This solution is suggested for example in terms of technologies which weren’t invented in a “green mindset” but could however be reused for green-purposes. The relaxation of the patent system would therefore allow known technologies used to reduce greenhouse gas emissions to fulfil the conditions for patentability. However this could possibly put pressure on patent offices and increase the number of legal disputes.

Another solution that could be envisaged would be the acceleration of examination process. Much like the Green Technology Pilot Program strongly stimulated the number of green patents delivered, a long term version of this program could be an efficient solution. Considering a more rapid IP system for green technologies would allow a more rapid commercialisation of a technology and also favorise the granting of licenses. Nations such as Australia, the United States of America, South Korea and Great Britain have already put in place such procedures. Brazil, China and Japan have declared their interest in such a system.

The importance of a database linking inventors of greentech and businesses looking for green technologies such as WIPO GREEN are of great importance to the stimulation of further innovation. The fluidity of information is very important, especially for small businesses which have more limited means, and cannot always afford to pay for the conduct of anteriority research and studies into freedoms to operate. Yet dynamic businesses in the field of green technologies are often of a reduced size and growing importance. A similar database has also been put in place by the EPO. The importance of databases is one that should be considered in finding a solution to the issue of developing and diffusing green technologies with the help of IP.

The needs regarding green technology diffusion and development

In considering the solution to a problem it is vital to acknowledge what needs to be dealt with about this particular issue.

One part of this issue is the distribution of green technologies. This distribution must be fast, far-reaching and should apply to a very wide range of products and services. Climate change is a pressing issue and it is important to realise that so far the rapidity of the distribution of green technologies has been insufficient.

Several tools are available to accelerate the diffusion of green technologies such as patent pools or The Eco-patent Commons. Another method could be the voluntary waiving of the exclusivity linked to patents .Indeed, the barrier caused by the monopoly status of patents could be suppressed and by waiving the exclusivity the patent holder would allow and accept the issuing of multiple licenses in order to stimulate innovation.

Another possible solution would be through the use of compulsory licenses. It is only when the public interest is at stake that the principle of compulsory licenses can be justified. The challenge of reduction of greenhouse gas emission is at a high enough stake that it justifies such means to be put in place, even if it damages the right to intellectual property. However the difficulty of the procedure is that it may discourage the investment in the domain of green technologies. In any case, it is an interesting path to consider in determining ways to develop and diffuse green technologies through IP.

Bibliography

Websites/links

http://www.wipo.int

http://www.green-technology.org

https://www.globalinnovationindex.org

http://www.uspto.gov/patent/initiatives/green-technology-pilot-program-closed

https://www3.wipo.int/wipogreen/en

http://www.wipo.int/edocs/pubdocs/en/wipo_rep_gc_2015_1.pdf

http://www.who.int/phi/GreenIP.pdf

http://www.ip-watch.org/2008/06/27/inside-views-green-intellectual-property-scheme-an-innovation-today-for-innovations-tomorrow

https://sustainabledevelopment.un.org

https://www.gov.uk/government/organisations/uk-green-investment-bank