친환경기술의 기술이전 방안

Legal Issues on Intellectual Property Law under UNFCCC―focus on Technology Transfer of Environmentally Sound Technology

The rapid development and difssemination of environmentally sound technology is a key component of the global response to climate change. Intellectual property rights have traditionally been the primary policy mechanism for encouraging private investments in innovation. Global climate change negotiations have made some progress in the area of technology transfer, as reflected in last year’s agreement in Cancun to establish a Technology Mechanism under the UNFCCC. However, the technology transfer of environmentally sound technology has always remained divisive issue. On the reform of the TRIPs Agreement in regard of development and transfer of technology, developing countries are arguing for the amendment of the relevant provisions, whileas developed countries claim that the protection of IPRs is crucial to technology development and therefore are against amending the TRIPs Agreement. In this paper I intend to review the Legal Issues on Intellectual Property Law under UNFCCC and the possibility of Technology Transfer of environmentally sound technology. I also suggests possible solutions for enhanced environmental technology transfer. First, I advocate in favor of a possible revision of TRIP and relevant law, it seems important that information is available to developing countries on the ways in which compulsory licenses have been provided for and used in developed and developing countries. Second I suggest that the creation of an environmental patents’ pool and patent commons would help to ensure access to key environmental technologies.