The draft Danish non-paper being circulated for comment contains the the following language on technology and intellectual property (the full text is available here):
Parties commit to enable the accelerated large-scale development, transfer and deployment of environmentally sound and climate friendly technologies across all stages of the technology cycle, respecting IPR regimes including protecting the legitimate interests of public and private innovators. Developed country parties commit to work towards doubling aggregate public investments in climate related research, development and demonstration by 2015 from current levels and quadrupling the efforts by 2020. Parties stress the need for up front finance for inter alia technology capacity building, joint research and development and demonstration projects. Parties endorse the “Technology Mechanism” set forth in decision X5/CP15, containing a technology objective, a UNFCCC technology body, the development of technology action plans, the establishment of six Climate Technology Innovation Centres in developing countries, support to joint RD&D efforts between developed and developing countries, and technology support to nationally appropriate mitigation actions, and adaptation activities, by developing country Parties.
This is the only mention of IPRs in the Danish text, which has caused quite an outcry from Developing Countries, and what Secretary General Ban Ki-moon has described as exposing some "trust issues."
Unsurprisingly, the Danes and other Industrialized Nations have chosen to pursue "Option 1" - operating the IPR regime in a business-as-usual fashion - as described in FCCC/AWGLCA/2009/INF.1 pg 184, paragraph 187. Developing countries have proposed other options for removing IPR related barriers to technology transfer, including: exemption of climate-related technologies and genetic resources from patent protection in some or all countries; active use of the compulsory licensing flexibility contained in the TRIPS Agreement; and establishing patent pools and other means of sharing IPR protected technologies, and associated know-how.
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