Climate Change, the International Intellectual Property Régime, and Disputes Under the TRIPS Agreement

34 Pages Posted: 23 Mar 2013 Last revised: 1 Jan 2015

See all articles by Daniel J. Gervais

Daniel J. Gervais

Vanderbilt University - Law School

Date Written: March 19, 2012

Abstract

This study considers intellectual property rules contained in the WTO TRIPS Agreement as they might affect climate change regulatory efforts. The TRIPS Agreement rules that are most directly applicable in this context are patents; confidential information, and enforcement of IP rights before national courts. With respect to patents, the Agreement provides rules on subject matter eligibility and compulsory licensing that may affect which climate-related technologies get patented and how they are applied. The rules concerning confidential information are less precise. The Study then considers how a WTO dispute-settlement panel might apply WTO rules (especially TRIPS) to climate change initiatives that a WTO Member might take.

Keywords: TRIPS Agreement, TRIPS, objectives, GATT, developing countries, climate change, dispute-settlement

JEL Classification: K2, K32

Suggested Citation

Gervais, Daniel J., Climate Change, the International Intellectual Property Régime, and Disputes Under the TRIPS Agreement (March 19, 2012). Vanderbilt Public Law Research Paper. Available at SSRN: https://ssrn.com/abstract=2235775 or http://dx.doi.org/10.2139/ssrn.2235775

Daniel J. Gervais (Contact Author)

Vanderbilt University - Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States
615 322 2615 (Phone)

Register to save articles to
your library

Register

Paper statistics

Downloads
227
Abstract Views
1,838
rank
133,845
PlumX Metrics