Abstract

http://ssrn.com/abstract=2252602
 


 



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

Abstract:     
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: 16

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Date posted: April 18, 2013  

Suggested Citation

Yu, Peter K., Intellectual Property Enforcement and Global Climate Change (April 17, 2013). HANDBOOK ON INTELLECTUAL PROPERTY AND CLIMATE CHANGE, Joshua Sarnoff, ed., Edward Elgar Publishing, 2013. Available at SSRN: http://ssrn.com/abstract=2252602

Contact Information

Peter K. Yu (Contact Author)
Drake University Law School ( email )
151 Cartwright Hall
2507 University Avenue
Des Moines, IA 50311
United States
(515) 271-2948 (Phone)
(515) 271-2530 (Fax)
HOME PAGE: http://www.peteryu.com
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