Yvo de Boer Executive Secretary United Nations Framework Convention on Climate Change

1. Inventing a cleaner future: climate change and the opportunity for intellectual property Yvo de Boer Executive Secretary United Nations Framework Convention on Climate Change

2. Outline • Overview of the key role of technology in the intergovernmental climate change process • How should IPRs be handled in the international context of climate change?

3. Climate change science • The IPCC’s findings told the world that there is no time left to waste. • Climate change is unequivocal • Unmitigated climate change will threaten our survival • Impacts are “very likely” to increase • Impacts will destroy economic gains • Current climate change abatement will not suffice: • 1970 – 2004: emissions increase of 70% • Projection up to 2030: emissions increase of 25-90%

4. Global energy demand • Environmentally sound technologies are central to addressing climate change • IEA reference scenario: • energy demand to grow by 60% by 2030 • up to 2030: energy supply infrastructure needs investment of USD20 trillion, more than half in developing countries • emissions increase or decline by 50% • Mitigation technologies • Adaptation technologies

5. The context: technology and climate change • The world needs a global low-emissions economic development plan • Technology needs to be at the plan’s heart. • IPCC: stabilisation of green house gases can be achieved with current and up-and-coming technologies, if incentives are in place. • Current barriers to the deployment and diffusion include: • human behaviour • absence of policies, legal and regulatory frameworks • investments in infrastructure • IPR, patent-related issues

6. Technology and international climate policy • Technology features strongly in the inter-governmental process on climate change • The UNFCCC and its Kyoto Protocol provide opportunities for cooperation on technology: • development, deployment and diffusion • both for mitigation and for adaptation

7. Technology and international climate policy • The Bali Road Map • Two-year process to enhance the international response to climate change, including enhanced action on mitigation • Developing countries: • “Nationally appropriate mitigation actions … supported and enabled by technology … in a measurable, reportable and verifiable manner.” • Industrialised countries: • “…measurable, reportable, verifiable mitigation actions, including quantified emission limitation and reduction objectives.”

8. Technology and international climate policy • The Bali Road Map • Measurable, reportable and verifiable mitigation action by developing countries depends on measurable, reportable and verifiable technological and financial support. • Technology is one of the central elements that will enable action. • The two-year process is an opportunity to strengthen technology approaches.

9. Technology and international climate policy • Technology needs a revolutionary push • Criticism that insufficient progress has been made on technology • Need for an effective international mechanism: • removal of barriers and provision of resources • All stages of the technology cycle need to be addressed: • from innovation to application • consider funding and policy for each stage • Parties have cited IPR and patent-related issues as barriers

10. IPRs and technology transfer • Are IPRs barriers for technology transfer? • Developing countries: • IPRs are a barrier; further consideration is needed on: • Regulating patent regimes to balance reward and access • Removing barriers to accessing technologies in the public domain • Increased costs could limit dissemination of ESTs • Compulsory licenses

11. IPRs and technology transfer • Are IPRs a barrier to technology transfer? • Industrialised countries: • IPRs are needed to stimulate and reward • IPRs to promote competition • Strong IPR protection helps deploy advanced technologies • Many existing climate friendly technologies are not protected by patents. • IPRs are a small part of the total capital requirements

12. IPRs and technology transfer • Do we need a special patent regime for climate change? • Public-private partnerships (PPPs), with options such as: • Purchasing commitments • Voluntary buy-out of IPRs • Compulsory licensing

13. IPRs and technology transfer • Public ownership of IPRs for technologies • Less suitablefor existing technologies • For energy-generation technologies, IPRs represent a smaller component of cost • Continued cooperation with the owners • Possibly more suitable for new technologies • Collaborative development of technologies; IPR as a free or low-cost public good. • Adaptation technologies with a large element of public good

14. Input needed • Technology in future climate change abatement • Key role of technology development and transfer • IPR-related issues have been discussed in a theoretical manner • The process needs clarity on where IPRs are a barrier, where not • If they are a barrier, how can that barrier be overcome? • How can IPR-issues be handled in the international climate change context? • Your views on what Governments should • agree on for IPRs in view of 2009

15. Thank you