There is good news for patent owners, in particular those holding patents on green technologies. There will not be a binding agreement as a result of the UN conference in Copenhagen can allow patent and intellectual property advocates breathe a sigh of relief, at least for now. This announcement by world leaders that there will be no climate change agreement this year will undoubtedly be viewed as a significant blow by the many who believe such an agreement is necessary despite the fact that an ever increasing number of highly respected scientists question whether global warming is for real.
President Obama, who is currently attending the Asia-Pacific Economic Cooperation forum in Shanghai, China, along with other world leaders announced that they no longer have ambitions of reaching a binding international agreement on climate change during the United Nations Climate Change Conference in Copenhagen, which begins December 7, 2009 and runs through December 18, 2009.
This is extremely important for those who are interested in strong intellectual property protections, particular patent rights. It had been feared that in order to obtain an international agreement the Obama Administration would broker the patent rights held by US concerns and give them to third world and developing nations in exchange for them taking steps to curb carbon dioxide emissions.
Not only has the tide turned in the global warming "debate," which is really hardly a debate because until recently anyone who didn't believe the party line on global warming was vilified, ridiculed and marginalized because it did not fit into the world view of much of the liberals in academia and in certain international government circles around the world. But with mounting scientific evidence showing an alternative truth the opinions of society at large has changed, and that has caused some changes in political positions as well, apparently.
The Obama Administration pledges to continue to provide full support to all inventors and to continue to support the strongest intellectual property protections in the world.
Patents are necessary for independent inventors and small businesses to raise funds necessary to move forward, including moving forward to hire employees.
So while many will undoubtedly lament the fact that there will be no international agreement on climate change, this is exceptionally good news for those who support strong intellectual property rights, strong patent rights and want greater innovation through the providing of meaningful incentives to the private sector.--
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281