Preparing for 2012:Technology Transfer and Innovation

Ahmed Abdel LatifSenior Programme Manager Innovation, Technology and Intellectual Property

WTO Public Forum- 21 September 2011

International Centre for Trade and Sustainable Development www.ictsd.org

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Technology : key for the transition to a green economy

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The Rio Earth Summit (1992) and Technology Transfer

• Formulation of policies and programmes for the effective transfer of ESTs that are publicly owned or in the public domain;

• Purchase of patents and licenses on commercial terms for their transfer to developing countries on non-commercial terms, taking into account the need to protect intellectual property rights;

• In compliance with and under the specific circumstances recognized by the relevant international conventions adhered to by States, the undertaking of measures to prevent the abuse of intellectual property rights, including rules with respect to their acquisition through compulsory licensing, with the provision of equitable and adequate compensation;

• Provision of financial resources to acquire ESTS in order to enable in particular developing countries to implement measures to promote sustainable development that would entail a special or abnormal burden to them;

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Some Highlights of Chapter 34 on Transfer of ESTs

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Innovation tops policy agenda

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Green innovation tops innovation agenda

Green Innovation

India Solar Plan

China Five Year plan

UAE

OECD

Korea

US “sputnik” moment

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Innovation and UNFCCC Technology Mechanism

Technology Mechanism

Aim: to accelerate the innovation and diffusion of ESTs and stimulate

cooperative research and development

Technology Executive Committee

Special consideration to LDCs

Climate Technology Centre and Network

Facilitate networks and international partnerships to

accelerate the innovation and diffusion of ESTs

Priority Areas:Strengthening of national systems of innovation and technology innovation centers

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Changing global technology and innovation landscape:

• Technology diffusion through:– FDI– Trade

• Trade flow of environmental goods and services– Clean Development Mechanism (CDM)

• Evidence about role of CDM projects in technology transfer

– IPRs• Patenting trends (patent landscapes)• Licensing practices (surveys)

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Greater empirical evidence available

1. Partners: UNEP and European Patent Office (EPO)

2. Expert entities involved in data gathering and analysis:

a. OECD Environment Division for statistical analysis of patent data

b. Business organizations for survey of licensing practices: ICC, WBCSD and LESI

3. Outputs:

a. Patent landscape of clean energy generation technologies

b. Survey of licensing practices in clean energy technologies

c. New patent classification for energy generation technologies

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Empirical evidence: UNEP-EPO-ICTSD Project on Patents and Clean Energy

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Relative growth rate for selected clean energy technologies

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Patenting trends between countries: wind energy

• Part A: General questions– Proportion of CET-related patents– Importance and trends in in- and out-licensing activities – Collaborative IP mechanisms, importance for overall business

strategy

• Part B: Developing countries (DCs)– Licensing activities in DCs? Which ones?– Factors affecting licensing agreements in DCs?– Flexibility of licensing terms in DCs?

• Part C: General statistics– Type of organization, country of headquarter, size, CET fields, R&D

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Licensing Survey in Clean Energy Technologies

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Limited Licensing towards developing

'To what extent has your organisation entered licensing agreements that involve licensees (which are not majority-controlled subsidiaries) based in developing countries in the last three years?'

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BRIC countries important for licensing

With which countries has your organisation been most involved in licensing or other commercialization activities of intellectual property in the field of CETs

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More lenient licensing terms towards developing countgries

'When entering into an out-license agreement wth parties that are based in developing countries, to what extent do the monetary terms of your license reflect your willingness to introduce greater lenience due to differences in the purchasing power of the parties?‘

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Factors affecting Licensing with developing countries

When your organisation is making a decision whether or not to enter into a licensing or co-operative development agreement with a party in a developing country, to what extent would the following factors positively affect your assessment?

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IP, Innovation and Technology Transfer

IP

Innovation

Practical Measures

Fast tracking “green” patent

applications

New clean energy patent classification

(EPO)

Technology Diffusion and

Transfer

LDCs

TRIPS Art 66.2

High-Middle Income Developing Countries

Licensing

Open Innovation Open

Innovation

Green Exchange

Eco- Patent

Commons

IPC Green Inventory

(WIPO)

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Greater regional and bilateral cooperation: the case of clean energy

Open Innovation

US China Clean Energy Forum

US China Clean Energy Forum

IBSAIBSA China-India Climate Cooperation AccordChina-India Climate Cooperation Accord

US-India Clean Energy Partnership (PACE)

US-India Clean Energy Partnership (PACE)

EU-India Solar Energy cooperation

EU-India Solar Energy cooperation

Continuity

• Affordable access to Environmental Sound Technologies (ESTs) remains a pressing global challenge

• Debate about the role of intellectual property rights continues to be divisive

and Change

• Paradigm shift to ‘green’ innovation• A changing global landscape of technology and innovation • Greater availability of empirical evidence • Harnessing regional and bilateral cooperation

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From Rio (1992) to Rio (2012) : Conclusions

Thank you

aabdellatif@ictsd.ch

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