Description

Exploring the potential for alignment as well as conflicts between IP and climate change, Intellectual Property, Climate Change and Technology encourages a coherent and integrated approach to decision making.
This groundbreaking book identifies and challenges the lack of intersection between intellectual property law and climate change law at national level. It argues that intellectual property confers private rights on the results of innovation and creativity, while climate change law and policy exists more in the public sphere without engagement with intellectual property, with no space for the conflict between this private power and public goal to be investigated in litigation.
This thought-provoking book will be of great interest to scholars working in the fields of IP, climate change law, human rights, investor–state
dispute settlement, and planning and sustainable development, challenging the assumption that some problems are dealt with only through consideration of certain areas of the law. Proposing new processes for policy and law making in order to remove barriers between these fields, Intellectual Property, Climate Change and Technology will also be a valuable resource for members of parliament and policy makers.
 
Contents:
Foreword
Preface
1. Introduction
2. National legislation and policy making
3. Conflict and alignment? Rationales and litigation
4. Conflict and realities: presenting case studies
5. Present approaches, opportunities and challenges
6. New judicial approaches
7. Above the radar: delivering integration
8. Investor State Dispute Settlement: crossing boundaries?
9. Closing Thoughts
Index