Intellectual Property and Biofuels: The Energy Crisis, Food Security, and Climate Change

The Journal of World Intellectual Property, 18(6), pp. 271-297

62 Pages Posted: 1 Jun 2015 Last revised: 1 Jun 2018

See all articles by Matthew Rimmer

Matthew Rimmer

Queensland University of Technology (QUT)

Mike Lloyd

Griffith Hack

George Mokdsi

Griffith Hack

Doris Spielthenner

Ambercite

Ewan Driver

Griffith Hack

Date Written: May 27, 2015

Abstract

In light of larger public policy debates over intellectual property and climate change, this article considers patent practice, law, and policy in respect of biofuels. This debate has significant implications for public policy discussions in respect of energy independence, food security, and climate change. The first section of the paper provides a network analysis of patents in respect of biofuels across the three generations. It provides empirical research in respect of patent subject matter, ownership, and strategy in respect of biofuels. The second section provides a case study of significant patent litigation over biofuels. There is an examination of the biofuels patent litigation between the Danish company Novozymes, and Danisco and DuPont. The third section examines flexibilities in respect of patent law and clean technologies in the context of the case study of biofuels. In particular, it explores the debate over substantive doctrinal matters in respect of biofuels – such as patentable subject matter, technology transfer, patent pools, compulsory licensing, and disclosure requirements. The conclusion explores the relevance of the debate over patent law and biofuels to the larger public policy discussions over energy independence, food security, and climate change.

Keywords: Patent Law, Biofuels, Energy, Food Security, Water Security, Biodiversity, Agriculture, Biotechnology, Clean Technologies, Renewable Energy, Climate Change.

JEL Classification: 034

Suggested Citation

Rimmer, Matthew and Lloyd, Mike and Mokdsi, George and Spielthenner, Doris and Driver, Ewan, Intellectual Property and Biofuels: The Energy Crisis, Food Security, and Climate Change (May 27, 2015). The Journal of World Intellectual Property, 18(6), pp. 271-297. Available at SSRN: https://ssrn.com/abstract=2610985 or http://dx.doi.org/10.2139/ssrn.2610985

Matthew Rimmer (Contact Author)

Queensland University of Technology (QUT) ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, Queensland QLD 4000
Australia

Mike Lloyd

Griffith Hack ( email )

George Mokdsi

Griffith Hack ( email )

Doris Spielthenner

Ambercite ( email )

ABN 71 154 692 707
Level 10, 161 Collins St,
Melbourne, Victoria, 3000
Australia

Ewan Driver

Griffith Hack ( email )

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