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- Azam, Monirul
(författare)
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The TRIPS Agreement Revisited ‒Time to Open-Up Climate Technologies for Least Developed Countries
- 2022
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Ingår i: Journal of Intellectual Property Rights. - : CSIR-National Institute of Science Communication and Policy Research (NIScPR). - 0971-7544 .- 0975-1076. ; 27:2, s. 107-129
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Tidskriftsartikel (refereegranskat)abstract
- Because most climate technologies are patented in developed countries, intellectual property rights held over these technologies by rights holders in developed countries can impede the access of least developed countries (LDCs) to these technologies owing to difficulties such as high royalty fees, refusals to license and unnecessary conditions for transfers of technology. This paper argues that the principles and objectives of the TRIPS Agreement, as laid down in Articles 7 and 8, could be used for an interpretation fitting the need of the LDCs to access climate technologies and evaluates the potential to adopt a declaration on the TRIPS Agreement and climate change to guide the utilisation of TRIPS flexibilities. Among other things, these include using research exceptions, parallel imports, compulsory licences and competition law. This paper further evaluates potential options for utilising Articles 66.2 and 67 of the TRIPS Agreement and the potential to adopt a new agreement from a climate change standpoint to meet the urgent need of LDCs for access to and transfer of climate technologies.
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| 2. |
- Bhardwaj, Sanjay, et al.
(författare)
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Technology commercialization in advanced materials sector : Indian context
- 2017
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Ingår i: Journal of Intellectual Property Rights. - 0971-7544 .- 0975-1076. ; 22:3, s. 154-167
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Tidskriftsartikel (refereegranskat)abstract
- This study is aimed at developing insights into the Technology Value Chain (TVC) of advanced materials-based technologies using a scenario in which technology has been transferred by a Research and Technology Organization (RTO) to a Small and Medium Enterprise (SME) in the Indian context. A Conceptual Theoretical Model (CTM) using constructs from existing TVC models is used as a basis for the case study described in this paper. This model is refined using actual evidence from an Indian RTO - the International Advanced Research Centre for Powder Metallurgy and New Materials (ARCI), Hyderabad. The TVC of ARCI’s proprietary Detonation Spray Coating (DSC) technology is used to expand upon the CTM as well as to provide new insights wherever possible. The TVC adopted for DSC includes technology incubation and proof of concept in advance of transferring the technology. These strategies, aided by government funding of the technology recipient companies, were observed to play an important role in successful commercialization. © 2017, National Institute of Science Communication and Information Resources (NISCAIR). All rights reserved.
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