The green debate: IP Perspectives

• Pages: 17-19

Opening the discussion, Mr. Gurry drew attention

to the enormous challenge confronting humanity

– to move away from a carbon-dependent econo-

my to one that is carbon-free. Technology, he not-

ed, will play a key role in this transformation. From a

public policy viewpoint, the key question is how to

encourage this transition to a green economy? Mr.

Gurry explained that one of the roles of IP is to en-

courage investment in research and development

(R&D) by protecting or granting a right over new in-

ventions. This gives a commercial advantage that

allows inventors and their commercial partners to

recoup their investment, allowing the innovation

cycle to continue.

What color is IP?

Is IP essentially green? In Professor de Werra’s opin-

ion, “no.“ IP is technologically neutral – it protects all

types of creativity. It is not green in and of itself but

with political will it can be made “green.“ He point-

ed to the practice of certain national IP offices, such

as in the U.S., to fast-track patent applications for

“green“ technologies. He noted that many “green“

technologies already exist in the public domain

and are freely available for use. This suggests that

the IP system, by granting an exclusive right to use

and exploit a protected technology, is not an ob-

stacle to the development and use of green tech-

nologies.

Technology transfer

For Mr. Roffe, IP is an important but insufficient

condition for technology transfer. Other macro-

economic conditions are of equal importance. IP

is important but in appropriate measure. Too little

IP undermines innovation. Too much can kill its

diffusion.

Mr. Roffe held that the twin challenges of climate

change and energy security call for massive and

rapid deployment of clean technologies, and poli-

cies that support the diffusion and rapid transfer of

these technologies and that provide incentives for

innovation and investment in new ones. One thing

is clear, he added, the process of transferring tech-

nology is complex, it is “not simple, it is not an easy

process and is neither automatic nor free.“

Innovating solar solutions

Philip Boydell from DuPont, famed for its develop-

ment of Nylon, Lycra, Kevlar and Teflon, outlined his

company’s commitment to producing affordable

solar-generated electricity. DuPont’s European

Technical Center in Geneva is focusing on improv-

ing its solar photovoltaic (PV) technology using

Teflon for simpler, more flexible and cost-effective

solar panels. Patent protection enables DuPont to

invest in the next generation of technologies, to re-

duce costs and to obtain a return on its investment.

Biotrade or biopiracy

The debate surrounding patents and biodiversity is

complex and often controversial because, Ms. Oliva

THE GREEN DEBATE:

IP PERSPECTIVES

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17

WIPO’s Open Day featured a lively and insightful public debate on intellectual property (IP) and the en-

vironment. Moderated by WIPO Director General Francis Gurry, accomplished panelists from academia,

industry and the non-governmental sector examined the link between IP and green innovation and re-

flected on how the IP system can contribute to developing climate change solutions.

This article offers an overview of the different perspectives presented and the key issues raised. The line-

up of speakers included Prof. Jacques de Werra, University of Geneva, Mr. Philippe Boydell, DuPont

European Technical Center, Switzerland, Mr. Pedro Roffe, International Centre for Trade and Sustainable

Development (ICTSD), and Ms. María Julia Oliva, Union for Ethical BioTrade.

Professor Jacques

de Werra, University

of Geneva, Mr. Philippe

Boydell, DuPont

Photovoltaic Solutions,

Francis Gurry, WIPO,

Pedro Roffe, ICSTD,

María Julia Oliva, Union

for Ethical BioTrade

OPEN DAY

Photo: WIPO/Jewell