Climate change and human rights: Intellectual property challenges and opportunities

Phelan, Alexandra & Rimmer, Matthew (2015) Climate change and human rights: Intellectual property challenges and opportunities. Australian National University, College of Law, Canberra, A.C.T.

Abstract

Mitigating and adapting to the effects of climate change will require innovation and the development of new technologies. Intellectual property laws have a key part to play in the global transfer of climate technologies. However, failures to properly utilize flexibilities in intellectual property regimes or comply with technology transfer obligations under international climate change agreements calls for a human rights based analysis of climate technology transfer. Climate change is an unprecedented challenge and requires unprecedented strategies. Given the substantial impact of climate change on all of humanity and the ethical imperative to act, a complete rethink of traditional intellectual property approaches is warranted. This report proposes a series of intellectual property law policy options, through a human rights framework, aimed at promoting access to technologies to reduce the human suffering caused by climate change.

Impact and interest:

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ID Code: 91198
Item Type: Report
Refereed: No
Additional Information: This Report was prepared for Dr Matthew Rimmer as part of his Australian Research Council Future Fellowship
on Intellectual Property and Climate Change, Australian National University College of Law.
Keywords: Intellectual Property, Climate Change, Human Rights, Technology Transfer, International Law
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Environmental and Natural Resources Law (180111)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Human Rights Law (180114)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Intellectual Property Law (180115)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > International Law (excl. International Trade Law) (180116)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2015 [Please consult the author]
Deposited On: 06 Jan 2016 23:35
Last Modified: 11 Jan 2016 00:02

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