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JIPR Vol.14(3) [May 2009] >


Title: Diffusion of Climate Friendly Technologies: Can Compulsory Licensing Help?
Authors: Nanda, Nitya
Keywords: Compulsory licensing
climate change
international IPR regimes
WIPO Development Agenda
TRIPS
Issue Date: May-2009
Publisher: CSIR
Abstract: Countries often resort to compulsory licensing to promote diffusion of technologies, particularly when intellectual property rights (IPR) holder is considered to have abused its dominant position. However, use of this instrument is often difficult due to legal, political and operational problems. In this context, this paper reviews global regimes as well as national regimes in major jurisdictions, governing use of compulsory licensing. It also examines functional requirements and market conditions for compulsory licensing to work. Based on these, it concludes that the global IPR regime under the WTO needs a mechanism similar to that has been developed for pharmaceutical products, and a more flexible regime even in that, as most countries do not have domestic manufacturing capabilities, if compulsory licensing has to work for the diffusion of climate friendly technologies. However, even such a flexible mechanism may not be adequately effective due to highly concentrated market structure of these technologies, particularly in developing countries.
Page(s): 241-246
ISSN: 0971-5544
Source:JIPR Vol.14(3) [May 2009]

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