Intellectual Property Rights and Climate Change
Interpreting the TRIPS Agreement for Environmentally Sound Technologies

This book provides legal interpretation of the TRIPS Agreement for facilitating innovation of and access to environmentally sound technologies.

Wei Zhuang (Author)

9781107158085, Cambridge University Press

Hardback, published 1 June 2017

434 pages, 7 b/w illus.
23.6 x 16 x 3.2 cm, 0.82 kg

'This book represents a unique and important contribution to the academic literature concerning climate change. It is well-researched and thought-provoking. Perhaps more significantly, it is a practically-minded text. The author's suggestions for how the TRIPS Agreement should be interpreted, and how such interpretations may be codified, are well-developed and usable. This is important, because it does not always seem that the urgency of society's action on climate change matches the urgency of the problem. Dr Zhuang should be commended for writing this study, which policymakers in the relevant area should read with concentration.' Alex Woolgar, Journal of Intellectual Property Law and Practice

As the world confronts global warming, there is a growing consensus that the TRIPS Agreement could be a more effective instrument for mitigating climate change. In this innovative work, Wei Zhuang systematically examines the contextual elements that can be used in the interpretation of the TRIPS Agreement with a view to enhancing innovation and transfer of environmentally sound technologies. Zhuang proposes a balanced and pro-competitive interpretation that could be pursued by policymakers and negotiators. This comprehensive, multidisciplinary study will help academics and policymakers improve their understanding of the contemporary international legal regimes governing intellectual property rights, as well as innovation and transfer of environmentally sound technologies. It also offers practical guidance for further developing a legal system capable of responding to the challenges posed by climate change.

List of figures
Foreword Carlos Correa
Acknowledgements
Table of cases
Table of treaties, declarations, resolutions and others
List of abbreviations
1. Introduction
Part I. Intellectual Property Rights, Innovation and Transfer of ESTs: 2. Concepts and context: IPRs, innovation and transfer of ESTs
3. International legal framework governing IPRs, innovation and transfer of technologies, including ESTs
4. The effects of minimum IPR standards shaped by TRIPS on innovation and transfer of ESTs
Part II. Interpreting the TRIPS Agreement for Facilitating Innovation and Transfer of ESTs: 5. Rules governing treaty interpretation and the elements against which the TRIPS agreement should be interpreted
6. Interpreting patent-related flexibilities in the TRIPS agreement for facilitating innovation and transfer of ESTs
7. Interpreting competition-related flexibilities in the TRIPS agreement for facilitating innovation and transfer of ESTs
8. Conclusions and recommendations
Bibliography
Index.

Subject Areas: Intellectual property law [LNR], Environment law [LNKJ], International environmental law [LBBP], International law [LB]