A Proposal for a Clean Technology Directive: European Patent Law and Climate Change

Abstract

This article charts the conflicted, dissonant policies of the European Union towards intellectual property and climate change. It contends that there is a mismatch between the empirical work of the European Patent Office and the quietist policy options contemplated by the European Union. This article contends that the European Union needs to develop a Clean Technology Directive to allow for a differentiated approach to patent law and clean technologies - especially given the past complicity of the European Union in global warming and climate change. It highlights essential elements in a comprehensive policy package for the reform of patent law - considering patentable subject matter; patent incentives; and patent exceptions.

Keywords: Patent Law, Global Warming, Climate Change, Environmentally Sound Technologies, Clean Technologies, Patent Administration, Patent Incentives, Patent Exceptions