Intellectual Property Enforcement and Global Climate Change
Peter K. Yu
Drake University Law School
April 17, 2013
HANDBOOK ON INTELLECTUAL PROPERTY AND CLIMATE CHANGE, Joshua Sarnoff, ed., Edward Elgar Publishing, 2013
Issues lying at the intersection of intellectual property and climate change are hot. From the ongoing discussions under the U.N. Framework Convention on Climate Change to the recent Conference on Innovation and Climate Change held by the World Intellectual Property Organization, countries have actively explored ways to harness the intellectual property system to combat climate change and to reduce the accumulation of greenhouse gases.
Notwithstanding these high profile events, intellectual property enforcement issues are rarely discussed in these fora. Indeed, it would be odd to discuss those issues when we still have no idea what types of international instruments will be developed to address the problems posed by climate change and what types of obligations these instruments will introduce. Nevertheless, if these instruments are to provide meaningful policy responses, it is important that rights recognized in the instruments be enforceable.
This chapter focuses on enforcement issues lying at the intersection of intellectual property and climate change. It begins by outlining three different types of enforcement issues. The chapter then explains four different challenges that militate against the effective enforcement of intellectual property rights. It further explores the difficulty in identifying enforcement challenges in the area of intellectual property and climate change. The chapter concludes by discussing the various types of enforcement disputes that may arise in international instruments governing the area.
Number of Pages in PDF File: 16Accepted Paper Series
Date posted: April 18, 2013
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