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ENVIRONMENTALLY SOUND TECHNOLOGY
TRANSFER: FACTORS AFFECTING TRANSFER AND
ROLE OF INTELLECTUAL PROPERTY RIGHTS IN THE
CONTEXT OF DEVELOPING COUNTRIES




    1   Anirudh narain bhatt
        LLM Final year
        NLSIU, Bangalore
“THERE IS NO MASTER MODEL FOR TECHNOLOGY
TRANSFER, BUT ONLY LOCALIZED COMMUNICATION
STRATEGIES FOR UNDERSTANDING CONTEXT AND
CULTURE IN EFFECTIVE TECHNOLOGY TRANSFER.”
                                    -COPPOLA




                                             2
INTRODUCTION

 The   importance       of   the effective   dissemination   and use of
 Environmentally Sound Technologies (ESTs) is increasingly evident,
 due to the growing emphasis in global politics on the need for climate
 change mitigation, and to expectations that global energy consumption
 will continue to increase dramati-cally in the coming decades. ESTs are
 sources and methods for producing energy that reduce the emission of
 Greenhouse Gases (GHG). Their effec-tive dissemination, adaptation
 and use by entities in all coun-tries are considered integral to mitigating
 climate change, for which GHG emissions are recognized as a major
 contributing factor.                                                          3
DISCUSSION ISSUES
   Climate change, Sustainable Development, Technology transfer and
    ESTs (Environmentally Sound Technologies): Understanding the
    context

   Whether Developing or Emerging Economic Countries need a
    Strong IP Laws to Promote Environmentally Sound Technology
    Transfers?

   Modalities of Technology Transfer and Involvement of IP: Ground
    Realities

   Other Factors affecting EST Transfer                               4
UNDERSTANDING THE CONTEXT
   The UNFCCC defines climate change as “a change of climate which is attributed
    directly or indirectly to human activity that alters the composition of the global
    atmosphere and which is in addition to natural climate variability observed over
    comparable time periods.”

   Relationship between sustainable development and climate change.

   Technology transfer is a broad set of processes, covering the transfer of technology,
    together with the know-how, experience and equipment in order to effectively
    implement/ use/ diffuse the technology in the recipient economies. In case of
    Environmentally Sound Technologies (ESTs), it covers technologies required for
    climate change mitigation and adaptation as well as other pollution control
    measures.                                                                          5
CONTD…

 Energy and environmental policies around the world are
 in-creasingly being shaped by two concurrent trends:
 first, the rising global demand for energy and, second,
 the agreement that the world’s greenhouse gas (GHG)
 emissions must be re-duced. How is it possible to
 reconcile this increasing global demand for energy with
 the recognized need to reduce GHG emis-sions?

                                                           6
WHETHER DEVELOPING OR EMERGING ECONOMIC
COUNTRIES NEED A STRONG IP LAWS TO PROMOTE
ENVIRONMENTALLY SOUND TECHNOLOGY TRANSFERS?




                                          7
Climate Technology Initiative, the International Energy
Agency, and UNEP, entitled Technology Without Borders
(2001), argues that inadequate pro-tection of IPRs is a
barrier to technology transfer, and recommends that
governments consider “protecting intellectual property
rights and licenses in such a way that innovation is
fostered, while avoiding misapplication, which may
                                                          8
impede diffusion of ESTs.”
MODALITIES OF TECHNOLOGY TRANSFER AND
INVOLVEMENT OF IP: GROUND REALITIES




                                        9
   Patenting and International Transfer of ESTs

       how?

       Why?

   Licensing and Cross Border Agreements

       Licensing is a way for IPR owners or holders of some form
        of propriety technology (licensors) to allow other entities to
        use their technology and/or product for either commercial or
        non-commercial purpose (based on licensees).                     10
OTHER FACTORS AFFECTING EST TRANSFER




                                       11
We discussed about role of IPR in the transfer of EST
with regard to developing countries. However, we should
not consider IPR in isolation for this purpose. There are
other factors also that effect EST transfer, most of which
concern the situation on the ground in recipient countries
specially their technical capacity and infrastructure, the
regulatory and political climate, and human factors.

                                                             12
   Technical Capacity and Infrastructure

   Regulatory and Political Climate

   Human Factor




                                            13
CONCLUSION AND KEY FINDINGS




                              14
CONCLUSION
 Changing weather, scarcity of natural resources and growing pollution
 problems lead us to think about climate change or global warming or
 climate mitigation issues. But the very basic problem with developing
 countries is lack of advanced technologies for this purpose. We have
 many modals to transfer ESTs such as international patent filing, joint
 ventures, licensing agreements etc. But as we discussed in the paper,
 weak IP protection is not sole hinder in technology transfer from
 developed countries to developing countries, there are many other
 contingencies also which have a significant impact on ESTs transfers
 such as absorption capacity of the country, political and regulatory
                                                                           15
 support and other factors.
KEY FINDINGS
   International harmonization between technology holder countries and technology

    needed countries.

   Enabling environment for technology transferor at international level, such as WIPO

    Green and technology mechanism of UNFCCC.

   Enhancement of absorption capacity and increase of infrastructure facility in

    developing countries.

   There should be change in mindset of policy maker that how best they can use IP to

    promote EST transfer instead of basic policy question that IP is hinder or not.

   An integrated technology transfer policy at national level which should include IP
                                                                                          16
    and other factors together and not in isolation.

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Est Ppt

  • 1. ENVIRONMENTALLY SOUND TECHNOLOGY TRANSFER: FACTORS AFFECTING TRANSFER AND ROLE OF INTELLECTUAL PROPERTY RIGHTS IN THE CONTEXT OF DEVELOPING COUNTRIES 1 Anirudh narain bhatt LLM Final year NLSIU, Bangalore
  • 2. “THERE IS NO MASTER MODEL FOR TECHNOLOGY TRANSFER, BUT ONLY LOCALIZED COMMUNICATION STRATEGIES FOR UNDERSTANDING CONTEXT AND CULTURE IN EFFECTIVE TECHNOLOGY TRANSFER.” -COPPOLA 2
  • 3. INTRODUCTION The importance of the effective dissemination and use of Environmentally Sound Technologies (ESTs) is increasingly evident, due to the growing emphasis in global politics on the need for climate change mitigation, and to expectations that global energy consumption will continue to increase dramati-cally in the coming decades. ESTs are sources and methods for producing energy that reduce the emission of Greenhouse Gases (GHG). Their effec-tive dissemination, adaptation and use by entities in all coun-tries are considered integral to mitigating climate change, for which GHG emissions are recognized as a major contributing factor. 3
  • 4. DISCUSSION ISSUES  Climate change, Sustainable Development, Technology transfer and ESTs (Environmentally Sound Technologies): Understanding the context  Whether Developing or Emerging Economic Countries need a Strong IP Laws to Promote Environmentally Sound Technology Transfers?  Modalities of Technology Transfer and Involvement of IP: Ground Realities  Other Factors affecting EST Transfer 4
  • 5. UNDERSTANDING THE CONTEXT  The UNFCCC defines climate change as “a change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods.”  Relationship between sustainable development and climate change.  Technology transfer is a broad set of processes, covering the transfer of technology, together with the know-how, experience and equipment in order to effectively implement/ use/ diffuse the technology in the recipient economies. In case of Environmentally Sound Technologies (ESTs), it covers technologies required for climate change mitigation and adaptation as well as other pollution control measures. 5
  • 6. CONTD… Energy and environmental policies around the world are in-creasingly being shaped by two concurrent trends: first, the rising global demand for energy and, second, the agreement that the world’s greenhouse gas (GHG) emissions must be re-duced. How is it possible to reconcile this increasing global demand for energy with the recognized need to reduce GHG emis-sions? 6
  • 7. WHETHER DEVELOPING OR EMERGING ECONOMIC COUNTRIES NEED A STRONG IP LAWS TO PROMOTE ENVIRONMENTALLY SOUND TECHNOLOGY TRANSFERS? 7
  • 8. Climate Technology Initiative, the International Energy Agency, and UNEP, entitled Technology Without Borders (2001), argues that inadequate pro-tection of IPRs is a barrier to technology transfer, and recommends that governments consider “protecting intellectual property rights and licenses in such a way that innovation is fostered, while avoiding misapplication, which may 8 impede diffusion of ESTs.”
  • 9. MODALITIES OF TECHNOLOGY TRANSFER AND INVOLVEMENT OF IP: GROUND REALITIES 9
  • 10. Patenting and International Transfer of ESTs  how?  Why?  Licensing and Cross Border Agreements  Licensing is a way for IPR owners or holders of some form of propriety technology (licensors) to allow other entities to use their technology and/or product for either commercial or non-commercial purpose (based on licensees). 10
  • 11. OTHER FACTORS AFFECTING EST TRANSFER 11
  • 12. We discussed about role of IPR in the transfer of EST with regard to developing countries. However, we should not consider IPR in isolation for this purpose. There are other factors also that effect EST transfer, most of which concern the situation on the ground in recipient countries specially their technical capacity and infrastructure, the regulatory and political climate, and human factors. 12
  • 13. Technical Capacity and Infrastructure  Regulatory and Political Climate  Human Factor 13
  • 14. CONCLUSION AND KEY FINDINGS 14
  • 15. CONCLUSION Changing weather, scarcity of natural resources and growing pollution problems lead us to think about climate change or global warming or climate mitigation issues. But the very basic problem with developing countries is lack of advanced technologies for this purpose. We have many modals to transfer ESTs such as international patent filing, joint ventures, licensing agreements etc. But as we discussed in the paper, weak IP protection is not sole hinder in technology transfer from developed countries to developing countries, there are many other contingencies also which have a significant impact on ESTs transfers such as absorption capacity of the country, political and regulatory 15 support and other factors.
  • 16. KEY FINDINGS  International harmonization between technology holder countries and technology needed countries.  Enabling environment for technology transferor at international level, such as WIPO Green and technology mechanism of UNFCCC.  Enhancement of absorption capacity and increase of infrastructure facility in developing countries.  There should be change in mindset of policy maker that how best they can use IP to promote EST transfer instead of basic policy question that IP is hinder or not.  An integrated technology transfer policy at national level which should include IP 16 and other factors together and not in isolation.