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The TRIPS Agreement Revisited ‒Time to Open-Up Climate Technologies for Least Developed Countries

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Field Value
 
Title The TRIPS Agreement Revisited ‒Time to Open-Up Climate Technologies for Least Developed Countries
 
Creator Azam Monirul
 
Subject Climate Change
Technology Transfer
Least Developed Countries
Patent
TRIPS Agreement
 
Description 107-129
Because most climate technologies are patented in developed countries, intellectual property rights held over these
technologies by rights holders in developed countries can impede the access of least developed countries (LDCs) to these
technologies owing to difficulties such as high royalty fees, refusals to license and unnecessary conditions for transfers of
technology. This paper argues that the principles and objectives of the TRIPS Agreement, as laid down in Articles 7 and 8,
could be used for an interpretation fitting the need of the LDCs to access climate technologies and evaluates the potential to
adopt a declaration on the TRIPS Agreement and climate change to guide the utilisation of TRIPS flexibilities. Among other
things, these include using research exceptions, parallel imports, compulsory licences and competition law. This paper
further evaluates potential options for utilising Articles 66.2 and 67 of the TRIPS Agreement and the potential to adopt a
new agreement from a climate change standpoint to meet the urgent need of LDCs for access to and transfer of climate
technologies.
 
Date 2022-05-17T09:41:29Z
2022-05-17T09:41:29Z
2022-03
 
Type Article
 
Identifier 0975-1076 (Online); 0971-7544 (Print)
http://nopr.niscair.res.in/handle/123456789/59719
 
Language en
 
Publisher CSIR-NIScPR, India
 
Source JIPR Vol.27(2) [March 2022]