Resolving Conflicts Between Green Technology Transfer and Intellectual Property Law

University of Maryland School of Law Working Paper No. 2011-27

5 Pages Posted: 20 Jun 2011

See all articles by Robert V. Percival

Robert V. Percival

University of Maryland - Francis King Carey School of Law

Alan Miller

World Bank - International Finance Corporation (IFC)

Date Written: 2011

Abstract

This paper examines claims that intellectual property law, which is designed to create incentives for innovation, actually may inhibit the transfer to developing countries of green energy innovations. Although the paper cannot find significant examples of green energy technologies whose diffusion has been hindered by existing intellectual property protections, it explores strategies, such as compulsory licensing schemes, for responding to such problems if and when they arise in the future. The paper concludes that intellectual property law need not be an obstacle to a global transformation toward a green energy infrastructure that can promote economic development while advancing new levels of international cooperation.

Keywords: Intellectual Property, Green Technology, Climate Technology Centre and Network

Suggested Citation

Percival, Robert V. and Miller, Alan, Resolving Conflicts Between Green Technology Transfer and Intellectual Property Law (2011). University of Maryland School of Law Working Paper No. 2011-27, Available at SSRN: https://ssrn.com/abstract=1861340 or http://dx.doi.org/10.2139/ssrn.1861340

Robert V. Percival (Contact Author)

University of Maryland - Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States

Alan Miller

World Bank - International Finance Corporation (IFC)

2121 Pennsylvania Avenue, NW
Washington, DC 20433
United States

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