Debate regarding the contribution of Intellectual Property (IP) rights to lessening climate change is intensifying. On one side, IP optimists emphasize their function in encouraging investment in Research, Development and Commercialization. However, alternative view, principally associated with developing countries, sees the monopoly rights embodied in IP as a barrier to technology adoption and international transfer and this has led to a dilemma in IP rights ethically responding to global climate change.The role of intellectual property rights with regards to climate change has remained a divisive issue. Not only has no agreement been reached in this area, but even the path to a constructive and meaningful discussion seems elusive. Unless the role of intellectual property is addressed in a constructive and balanced manner, the potential for achieving sustainable and realistic outcomes from the climate talks could be compromised.This article explored the complex relationship between IP rights and climate change through technology-based reductions in emissions and with reference to sustainable development laws. It also considers the role IP rights can play in delivering technological change to abate the issues of climate change crisis by arguing that climate change is legally disruptive, with existing legal doctrines and frameworks forced to confront, respond, and perhaps even evolve to respond to climate change, beyond the application and incremental development of existing rules and doctrines written in the context of linkages between private international law and public international law.It concludes by outlining some plausible strategies that are necessary in resolving the dilemma associate with IP rights ethically responding to global climate change.
Citation: Kujo Elias McDave (2022) Intellectual Property Rights as Ethical Response to Global Climate Change Crisis, Global Journal of Politics and Law Research, Vol.10, No.3, pp.50-68,
With time, the International property protection and enforcement have come to the forefront as a key international trade issue for several nations. It very plays a crucial role in international trade, economic relations, and economic growth. With the protection of intellectual property rights, developing countries are able to take part actively in international trade. This gives an understanding of the intellectual property rights, types, historical perspective and impact on developing countries. The purpose of this paper is to provide the reader a clear idea of trade and intellectually property in developing countries. The paper is of extreme importance because it is one of the few papers that highlights the issues of trade and Intellectual property from a developing country perspective.
The Determinant of Intellectual Property Protection in Developing Countries: Does Absorption Capacity Matters (Review Completed - Accepted)
The rise of knowledge economies and the Trade Related Intellectual Property Rights Agreement (TRIPs) move the IPR question to the core of nation’s industrial policy. In this paper we investigate the determinants of Intellectual Property Rights policy in low income developing countries and compare them to those of middle income ones. We assess whether absorption capacities, the economic freedom, the human capital and the level of economic development matters in determining the intellectual property policy. We find that the levels of economic development as well as the capacity of technology absorption, the TRIPs agreement and the economic freedom are the main variables explaining the level of the Intellectual property protection. Thus our main result concerns the importance of absorptive capacity for developing countries in building their technology base. We stress that without well-developed technological capacities any country would not be incited to protect effectively the property rights. This is due to the high enforcement costs and administration as well as the weak level of innovation and hence patent request. The policy implication of this finding is that prior to any agreement concerning property rights two factors are essential: well-developed technological basis as well as absorptive capacities. These two factors contribute to generating small and incremental innovation and creating a demand for protection that could outweigh the management costs of IP. Thus, the developed countries should operate on the factor affecting the intellectual property through technology transfer regime rather than on the level of protection itself through international agreements