Preparing for 2012: Technology Transfer and Innovation Ahmed Abdel Latif Senior Programme Manager Innovation, Technology and Intellectual Property WTO Public Forum- 21 September 2011 International Centre for Trade and Sustainable Development

Technology : key for the transition to a green economy

The Rio Earth Summit (1992) and Technology Transfer Agenda 21 (Chapter 34) Technology Transfer Provisions in MEAs Implementation UNFCCC Technology Mechanism (2010)

Formulation of policies and programmes for the effective transfer of ESTs that are publicly owned or in the public domain; Purchase of patents and licenses on commercial terms for their transfer to developing countries on non-commercial terms, taking into account the need to protect intellectual property rights; In compliance with and under the specific circumstances recognized by the relevant international conventions adhered to by States, the undertaking of measures to prevent the abuse of intellectual property rights, including rules with respect to their acquisition through compulsory licensing, with the provision of equitable and adequate compensation; Provision of financial resources to acquire ESTS in order to enable in particular developing countries to implement measures to promote sustainable development that would entail a special or abnormal burden to them; Some Highlights of Chapter 34 on Transfer of ESTs

Innovation tops policy agenda Innovation G 8 Declaration (2011) China’s Indigenous Innovation Policy India’s Decade of Innovation OECD Innovation Strategy (2010) Obama State of the Union Speech (2011)

Green innovation tops innovation agenda Green Innovation India Solar Plan China Five Year plan UAE OECD Korea US “sputnik” moment

Innovation and UNFCCC Technology Mechanism Technology Mechanism Aim: to accelerate the innovation and diffusion of ESTs and stimulate cooperative research and development Technology Executive Committee Special consideration to LDCs Climate Technology Centre and Network Facilitate networks and international partnerships to accelerate the innovation and diffusion of ESTs Priority Areas: Strengthening of national systems of innovation and technology innovation centers

Changing global technology and innovation landscape:

Technology diffusion through: – FDI – Trade Trade flow of environmental goods and services – Clean Development Mechanism (CDM) Evidence about role of CDM projects in technology transfer – IPRs Patenting trends (patent landscapes) Licensing practices (surveys) Greater empirical evidence available

1.Partners: UNEP and European Patent Office (EPO ) 2.Expert entities involved in data gathering and analysis: a.OECD Environment Division for statistical analysis of patent data b.Business organizations for survey of licensing practices: ICC, WBCSD and LESI 3.Outputs: a.Patent landscape of clean energy generation technologies b.Survey of licensing practices in clean energy technologies c.New patent classification for energy generation technologies Empirical evidence: UNEP-EPO-ICTSD Project on Patents and Clean Energy

Relative growth rate for selected clean energy technologies

Patenting trends between countries: wind energy

Part A: General questions – Proportion of CET-related patents – Importance and trends in in- and out-licensing activities – Collaborative IP mechanisms, importance for overall business strategy Part B: Developing countries (DCs) – Licensing activities in DCs? Which ones? – Factors affecting licensing agreements in DCs? – Flexibility of licensing terms in DCs? Part C: General statistics – Type of organization, country of headquarter, size, CET fields, R&D Licensing Survey in Clean Energy Technologies

Limited Licensing towards developing 'To what extent has your organisation entered licensing agreements that involve licensees (which are not majority-controlled subsidiaries) based in developing countries in the last three years?'

BRIC countries important for licensing With which countries has your organisation been most involved in licensing or other commercialization activities of intellectual property in the field of CETs

More lenient licensing terms towards developing countgries 'When entering into an out-license agreement wth parties that are based in developing countries, to what extent do the monetary terms of your license reflect your willingness to introduce greater lenience due to differences in the purchasing power of the parties?‘

Factors affecting Licensing with developing countries When your organisation is making a decision whether or not to enter into a licensing or co-operative development agreement with a party in a developing country, to what extent would the following factors positively affect your assessment?

IP, Innovation and Technology Transfer IP Innovation Practical Measures Fast tracking “green” patent applications New clean energy patent classification (EPO) Technology Diffusion and Transfer LDCs TRIPS Art 66.2 High-Middle Income Developing Countries Licensing Open Innovation Green Exchange Eco- Patent Commons IPC Green Inventory (WIPO)

Greater regional and bilateral cooperation: the case of clean energy Open Innovation US China Clean Energy Forum IBSA China-India Climate Cooperation Accord US-India Clean Energy Partnership (PACE) EU-India Solar Energy cooperation

Continuity Affordable access to Environmental Sound Technologies (ESTs) remains a pressing global challenge Debate about the role of intellectual property rights continues to be divisive and Change Paradigm shift to ‘green’ innovation A changing global landscape of technology and innovation Greater availability of empirical evidence Harnessing regional and bilateral cooperation From Rio (1992) to Rio (2012) : Conclusions

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