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ENERGY CRISIS: the (non)viability of the use of intellectual property rights towards sustainability

ENERGY CRISIS: the (non)viability of the use of intellectual property rights towards sustainability. Liz Beatriz Sass Melissa Ely Melo UFSC/ Brazil. ABSTRACT. Sustainable development and thecnology optimism Intellectual property rights and the green economy : eco-efficiency

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ENERGY CRISIS: the (non)viability of the use of intellectual property rights towards sustainability

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  1. ENERGY CRISIS: the (non)viability of the use of intellectual property rights towards sustainability Liz Beatriz Sass Melissa Ely Melo UFSC/Brazil

  2. ABSTRACT • Sustainabledevelopmentandthecnologyoptimism • Intellectualpropertyrightsandthegreeneconomy: eco-efficiency 3. EnvironmentallySound Technologies (ESTs) andIntellectualPropertyRights: mainchallenges

  3. 1.Sustainable DevelopmentandThecnologyOptimism • “Politicsof consensus”: integrates the aspirations of different countries, people and social classes present in the "battlefield" that involves the appropriation of nature; • Intent to transform economic growth into “sustainable” through market mechanisms, assigning economic values ​​and property rights to environmental services and natural resources. (LEFF, 2006, p. 137)

  4. 1.Sustainable DevelopmentandThecnologyOptimism SUSTAINABLE DEVELOPMENT The proposals can overcome the foundational contradiction of the capitalist system: the degrading appropriation of natural resources?

  5. 1. SustainableDevelopmentandThecnologyOptimism • EnvironmentalCrisis: presented as a result of not assigning property rights or attribution of “market values” ​​to environmental goods and services; • Denies the fact of being an effect of capital accumulation; • Considers that market laws are sufficient to correct the ecological imbalances and social inequalities. (LEFF, 2006, p. 139)

  6. 1. SustainableDevelopmentandThecnologyOptimism • THECNOLOGICAL OPTIMISM: • Goal: To provideeconomic growth as a sustainable process, based on the free market and technology. Not to internalize the ecological conditions of production; • Technology:Understood as the instrument for containing degradation effects. (LEFF, 2006, p. 143)

  7. 1. SustainableDevelopmentandThecnologyOptimism • Criticism of the “Technology Optimism”: • 1) Introductionof New Pollutantsbrings future problems for the integrity of ecosystems; • 2) Low Impact of Innovation - profound changes in the economy’s structure require large-scale action; • 3) Does not minimize the use of energy, materials, production of waste and pollution; • 4) Does not considerall environmental costs intrinsic to the extraction, production, consumption and disposal of materials; (MONTIBELLER-FILHO, 2008, p. 257)

  8. 1. SustainableDevelopmentandThecnologyOptimism • Energy crises • Population growth; expansion of industrial, commercial and agricultural are factors that increase energy consumption year after year; • The relation: production X consumption - considered in worrying levels due to the expected economic growth; • Even “clean” or “green” technologies have pros and cons in relation to economic, social and environmental issues. (CAVAGNOLI; MENEZES, 2012, 197; 199)

  9. 2. Intellectualpropertyrightsandthegreeneconomy: eco-efficiency WeakSustainability • Green Economy: eco-efficiency and technology will allow an acceleration of growth, ensuring a high standard of consumption for all, reducing poverty, reducing the anthropogenic impact on the environment and allowing the creation of green jobs.

  10. 2.Intellectualpropertyrightsandthegreeneconomy: eco-efficiency PNUMA – 2008 – Green EconomyandSustainableDevelopment. – sustainabletechnologies GREEN CONSUMPTION GREEN JOBS ECO-EFFICIENCY

  11. 3. EnvironmentallySound Technologies (ESTs) andIntellectualPropertyRights: mainchallenges • What does ESTsmean? • Environmentally Sound Technologies (ESTs) encompass technologies that have the potential for significantly improved environmental performance relative to other technologies. Broadly speaking, these technologies: • protect the environment; • are less polluting; • use resources in a sustainable manner; • recycle more of their wastes and products; • handle all residual wastes in a more environmentally acceptable way than the technologies for which they are substitutes. (Agenda 21) * Alternative Energy * Energy Conservation * Nuclear energy

  12. 3. EnvironmentallySound Technologies (EST) andIntellectualPropertyRights: mainchallenges • Why is it convenient to use the IPR to EST? • To attract investment in manufacturing and marketing (usually green technology is costly, with unpredictable results). • It is the best way to force" TT. Patents Trademarks Industrial Design

  13. 3. EnvironmentallySound Technologies (EST) andIntellectualPropertyRights: mainchallenges • "Groups of patents", "common" patents, cross-licensing, standardization agreements... • Complex technologies: different technology sectors; • The disagreement over the role of IP and patents EST for TT in developing countries.

  14. 3. EnvironmentallySound Technologies (EST) andIntellectualPropertyRights: mainchallenges

  15. Conclusions: • Intellectual property rights are instruments that can contribute to the promotion of eco-efficiency with regard to overcoming the energy crisis, but only from the perspective of weak sustainability. • Considering this perspective (weak sustainability) the intellectual property rights must still overcome several challenges in relation to ESTs, especially with regard to technology transfer, to thereby minimally contribute to eco-efficiency.

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