Intellectual Property and Clean Technology

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21 Νοε 2013 (πριν από 4 χρόνια και 10 μήνες)

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Munich Intellectual Property Law Center (MIPLC)

Intellectual Property and Clean Technology

in the context of the European
L
egal
F
ramework


Marisa Aranda


MIPLC PhD Candidate

Max
Planck Institute Scholarship
Holder




Sixth
Advanced Research Forum on Intellectual Property Rights

WIPO, 2012

Outline


1.
Introduction

2.
Statement of Problem

3.
Research Questions

4.
Structure of the Project

5.
Methodology

Marisa Aranda
-

May 2012

1

1
.
Introduction



Concentrated Solar
-
Thermal Power (CSP) Plant

Marisa Aranda
-

May 2012

2

© SCHOTT Solar AG

2.

Statement of Problem


The

promotion

of

environmental

sustainability

and

mitigation

of

climate

change

has

been

integrated

within

the

EU

Energy

Policy
.

However,

has

it

been

integrated

in

other

Union

policies

or

activities
?

i
.
e
.

Intellectual

Property?


Need

of

a

Clean

Technological

Revolution
.



Problems

associated

with

RD&D

in

this

field
:

(
i
)

requires

substantial

investment
,

(ii)

public

subsidies

(funding

shortfall?),

(iii)

private

sector

enough

incentivized
?


Balance
:

Incentives



Dissemination/Access


Diversification

of

EU

Portfolio

by

Stimulating

Innovation



How

best

to

achieve

it?
...



Marisa Aranda
-

May 2012

3

3.
Research Questions (
i
)

A.
Should

the

Environmental

Integration

Obligation
,

imposed

by

Article

11

TFEU

and

Article

37

CFREU,

have

an

impact

on

European

Intellectual

Property

Law

and

Policy
?



Art
.

11

TFEU
:


ENVIRONMENTAL

PROTECTION

requirements

MUST

BE

INTEGRATED

into

the

definition

and

implementation

of

the

UNION’S

POLICIES

AND

ACTIVITIES
,

in

particular

with

a

view

to

promoting

sustainable

development”
.



Art
.

37

CFREU
:

“A

high

level

of

ENVIRONMENTAL

PROTECTION

and

the

improvement

of

the

quality

of

the

environment

MUST

BE

INTEGRATED

into

the

POLICIES

OF

THE

UNION

and

ensured

in

accordance

with

the

principle

of

sustainable

development
.




Marisa Aranda
-

May 2012

4

3. Research Questions (ii)


B.
Is

the

current

Patent

System

fit

for

this

purpose?

How

can

appropriate

Collaborative

IP

Mechanisms

be

implemented

to

foster

incentives

and

to

promote

access

in

this

field?


B.
What

is

the

relationship

between

Patent

Law

and

several

Government

Support

Mechanisms

geared

towards

developing

clean

technologies?


Marisa Aranda
-

May 2012

5

4.
Structure of the Project


1.
Environmental Protection and Decrease of GHG:
The Restricted Realm of Environmental Law?


1.
Should the Environmental Integration Obligation
have an impact on
European IP
Law
and
Policy
?


1.
In practice: What role does Environmental
Protection
play in European
IP Law
and Policy
?


1.
Patent Law
and
Government Support
Mechanisms
for Environmental Protection. What is the
relationship?





Marisa

Aranda
-

May 2012

6

4.1. Environmental Protection: The restricted



realm of Environmental Law?

A.
Environmental Law.


Principle of Sustainable Development.


Principle of Integration.

B.
Legal Framework of GHG Emissions.


International
: UNFCCC & Kyoto Protocol.


European
: TFEU, CFREU, EU GHG ETS, Renewable



Energy Sources Directive, Action Plan for EPE: 20
-
20
-
20,...

C.
Interaction btw. Environmental Law and IP Law.


Implications of Environmental Law for IP Law.


Clean Technology:
No uniform terminology
.



Renewable Energy and Smart Grid Technologies


Clean Energy Technological Revolution.

Marisa

Aranda
-

May 2012

7

4.2. Environmental Integration Obligation:



Impact on European IP Law and Policy?

A.
Legal reasoning.


The evolvement of EU environmental policy.


How
does EU
Law a
ffect Intellectual Property?


Conciliation of EU’s environmental and economic aims:


Articles
7 and 11
of the TFEU.


Article 37 of the CFREU.

B.
Governance reasoning.


Relevance to Environmental Policy.


Relevance to EU
L
aw enforcers.

C.
Economic reasoning.


Theory of environmental economics.


Social welfare goal.



Marisa Aranda
-

May 2012

8

4.3.
I
n Practice: What role does Environmental



Protection play in European IP Law & Policy?

A.
Is IP Law an Incentive or a Barrier?


Relevant IPRs: Patents & Trade Secrets.


Conflicting views on the role of IPRs.

B.
The Patent System: Encouraging Innovation?


Administrative Patent
P
olicy.


Substantive Patent Law.


Non
-
discrimination under Article 27(1) TRIPS.

C.
Licensing Structures & Collaborative IP Mechanisms:
Appropriate to foster incentives & promote access?


Private Public Partnerships
(i.e. SET
-
Plan)


Patent Pools
(i.e.
Desertec

Industrial Initiative)


Standards Agreements
(i.e. EU Smart Grid Standardization)


Open Innovation
(i.e. Concentrated Solar Power Open Source Initiative)

Marisa

Aranda
-

May 2012

9

4.4.

Patent Law
and Government



Support Mechanisms

A.
State Aid for Environmental Protection.


State Aid: Article 107(1) TFEU


Environmental Aid Exemption: Articles 107(3)(b) & (c) TFEU


General Block Exemption Regulation (Environmental Aid)


Community Guidelines on State Aid for Environ. Protection

B.
Relationship between Patent Law & Support
Mechanisms introduced by Environmental Law.


i.e.
R&D grants:



Proposal:
Government authorities to oblige “non
-



exclusive” licensing with publicly funded innovations?

Marisa

Aranda
-

May 2012

10

5. Methodology


Analysis of
Legislation
: International, EU,
Intellectual Property & Competition
.


Study of
Literature
: Books, Articles, etc.


Examination of existing
EU Case Studies
:

i.e. SET
-
Plan,
Desertec
, EU Smart Grid Standardization,

Concentrated Solar Power Open Source Initiative,...


Conducting
Interviews
with relevant authorities and
enterprises in the field.


Attendance at
Workshops & Conferences
.

Marisa Aranda
-

May 2012

11


THANK YOU

FOR YOUR ATTENTION!!!


marisa.aranda@miplc.de

Marisa Aranda
-

May 2012