Home > Uncategorized > IP Quarterly Update – 2010 Second Quarter

IP Quarterly Update – 2010 Second Quarter

April 18, 2010

In this edition:

  • April 9th – 11th, 2010:  UNFCCC Advanced Working Group on Long-Term
    Cooperative Action (AWG-LCA)
  • April 26th-30th, 2010:  WIPO Committee on Development and IP (CDIP), 5th Session
  • May 3rd – 7th, 2010:  WIPO Intergovernmental Committee on IP and Genetic Resources, Traditional Knowledge and Folklore (IGC)

April 9th – 11th, 2010:  UNFCCC Advanced Working Group on Long-Term Cooperative Action (AWG-LCA)

The first set of 2010 climate change negotiations under the UNFCCC
concluded in Bonn, Germany (April
9-11th)
with no progress apparent on the Technology Mechanism
referenced in Paragraph 11 of the 2009 Copenhagen Accord. 

Image

In fact, the only real
outcome of the meeting appears to be an agreement to hold two additional
meetings for both Advanced Working Groups on Long-Term Cooperative
Action (LCA) the Kyoto Protocol, as well as for both of these groups to
prepare draft texts to facilitate negotiations.  Conclusion for the LCA
and Kyoto Protocol Working Groups are available here
and here, respectively.

Although developing
countries are pushing for legally binding commitments as an outcome of
the December 2010 Conference of the Parties (COP) in Cancun, this does
not appear likely. 

The Copenhagen Accord
(the Accord), in particular the way in which it was negotiated, has led
to what observers at Bonn are calling a sense of “deep distrust” at
this past meeting between developed and developing countries. 
Australia, on behalf of the “Umbrella Group,” stated that the Accord was
a clear expression of political will to combat climate change and gave
direction for future work.  However, many are concerned that the Accord
would result in the end of the Kyoto Protocol.

Specifically,
regarding the Technology Mechanism of the Accord, or “enhanced action on
technology development and transfer” as it is being negotiated under
the in the Working Group on LCA, several issues remain undecided, based
on outside reports, including whether:

  • activities or outcomes of activities eligible for support can
    included “purchasing of licenses and other intellectual property (IP)
    issues”;
  • implementation of the technology mechanism shall be funded by new
    financial arrangements to meet the full incremental costs of compliance;
  • the mechanism should support removal of barriers to technology
    development and transfer and enhancing means to promote technology
    transfer;
  • the Technology Executive shall, among many other things, “address
    intellectual property issues as they arise”;

and most significantly – whether Intellectual Property Rights (IPRs)
will be mentioned in the text, and if so, whether:

  • International agreements on IP shall not be interpreted so as to
    prevent parties from taking measures to address mitigation or adaptation
    to climate change (e.g. Articles 30 and 31 of the TRIPS Agreement);
  • Global Technology Intellectual Property Pools for Climate Change
    are created;
  • Steps are taken to share publicly funded technologies and know-how;
  • Patents over environmentally-sound technologies for mitigation or
    adaptation are excluded from IP protection, including the revocation of
    any existing IP rights, in particular those that are publicly funded or
    those involving the use of genetic resources for mitigation or
    adaptation; or
  • A recommendation is made that international action be taken to
    remove barriers to technology development and transfer, including those
    arising from IP rights.

The next intersessional
meeting is currently scheduled for the 1st-11th of June 2010 in Bonn,
with the two additional meetings to be held between then and the Mexico
COP in December.

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