July 2012: The International Centre for Trade and Sustainable Development (ICTSD) has published a policy brief titled “Intellectual Property Rights and Green Technologies from Rio to Rio: An Impossible Dialogue?” focusing on why countries could not reach agreement, during the UN Conference on Sustainable Development (UNCSD, or Rio+20), on the role of intellectual property rights (IPRs) in relation to green technologies.

The policy brief traces the evolution of the global debate on IPRs and green technologies from the 1992 UN Conference on Environment and Development (UNCED, or Rio Earth Summit) to Rio+20, and identifies reasons for the controversy. It says a stalemate has emerged in the debate, because while IPRs are seen as essential for fostering green innovation and technology transfer and diffusion, they are also regarded as possible barriers to green technology transfer, diffusion and access. The brief concludes that this stalemate has prevented the emergence of a middle ground on the issue of IPRs and green technologies, and that the Rio+20 outcome reflects this, which is why there is very little mention of IPRs in the outcome.

The brief also suggests ways to address the stalemate and make progress on the IPR-green technologies debate. It calls for clear parameters for structured discussions, suggesting, for example, that such discussions should not be held with discussions on sustainable development and climate change, but within the framework of existing international rules established by the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. It also notes the need to recognize and address the particular technological needs and capabilities of developing countries, as well as the respective commercial importance of green technologies. [Publication: Policy Brief No. 14: Intellectual Property Rights and Green Technologies from Rio to Rio: An Impossible Dialogue?]