New Legal Review
EPO to preview clean-tech study at the Climate Change Conference in Copenhagen
Bookmark Icon

The European Patent Office (EPO) will present preliminary findings of its research into clean technology patents at the hotly anticipated Climate Change Conference in Copenhagen

Beginning on 7 December, the event will draw in delegates from governments around the world in a drive for consensus on global environmental policy. The EPO has announced that early results of its study – conducted with the International Centre for Trade and Sustainable Development (ICTSD) – indicate a marked rise in patenting around alternative energy solutions.

According to the EPO, patent landscaping undertaken in the study shows that, in recent years, fossil fuel-related innovations have given way to patents for clean methods of energy generation. In particular, it cites 'rapid growth in wind power, solar photovoltaic and CO2 capture and storage technologies'.

The organisation adds that 'the number of patents in these areas increased appreciably after the Kyoto Agreement was signed'. The busiest patenting activity in clean technologies has stemmed from Germany, Japan, the UK, the US, Korea and France.

In the view of ICTSD chief executive Ricardo Meléndez-Ortiz, spotting trends in the patenting and licensing of clean technologies is a key step in helping the IP to spread. 'It is essential to address the gap in evidence in this area,' he said, 'to better inform discussions and support efforts to enhance the transfer and dissemination of technologies to combat climate change – particularly to developing countries.'

This theme was highlighted in an ICTSD information bulletin released in October. 'The role of IP in promoting the transfer of technology … is particularly complex in relation to [the] least-developed countries,' said the paper. 'Studies show, for instance, that the basic conditions for IP to operate as an incentive for the transfer of technology do not exist in countries at the initial stages of technological development.'

Trade liberalisation alone, said the group, was 'an insufficient driver to the diffusion of the knowledge and technologies that will be required … to mitigate and adapt to climate change'. Legal and policy measures would have to be devised to support the private sector's technology transfer efforts.

Initial findings of the study suggest that the main beneficiaries of clean-tech transfer in the developing world are the 'BRIC' countries – Brazil, Russia, India and China. Their fast-growing economies have helped them to build strong links with developed nations as they work to acquire tools that will assist their competitiveness and regulatory compliance.

With the United Nations Environment Programme (UNEP) acting as a third partner on the study, the final results are likely to have a pro-active dimension. UNEP executive director and UN under-secretary general Achim Steiner said: 'A convincing deal in Copenhagen can assist in catalysing a clean-tech revolution as part of the transition to a low-carbon, resource-efficient, 21st century green economy. The challenge … is to make sure clean-tech is not the luxury of the developed world, but a sustainable development opportunity for all economies, rich and poor.'

'Innovative solutions are urgently needed to tackle climate change,' said EPO president Alison Brimelow – pledging that the study will 'take a hard look at how patents are used by innovators around the world'.

The preview event will take place on 18 December. A release date for the final report is pending.