This document discusses environmentally sound technology transfer and the factors affecting transfer, including the role of intellectual property rights. It addresses whether developing countries need strong IP laws to promote transfers of environmentally sound technologies. While IP protection can influence technology transfer, it notes that weak IP protection alone does not hinder transfer and that other factors are significant, such as a country's technical capacity and infrastructure, its regulatory and political climate, and human factors. The conclusion emphasizes that an integrated national technology transfer policy considering both IP and other relevant factors is needed.

1. ENVIRONMENTALLY SOUND TECHNOLOGY
TRANSFER: FACTORS AFFECTING TRANSFER AND
ROLE OF INTELLECTUAL PROPERTY RIGHTS IN THE
CONTEXT OF DEVELOPING COUNTRIES
1 Anirudh narain bhatt
LLM Final year
NLSIU, Bangalore

2. “THERE IS NO MASTER MODEL FOR TECHNOLOGY
TRANSFER, BUT ONLY LOCALIZED COMMUNICATION
STRATEGIES FOR UNDERSTANDING CONTEXT AND
CULTURE IN EFFECTIVE TECHNOLOGY TRANSFER.”
-COPPOLA
2

3. INTRODUCTION
The importance of the effective dissemination and use of
Environmentally Sound Technologies (ESTs) is increasingly evident,
due to the growing emphasis in global politics on the need for climate
change mitigation, and to expectations that global energy consumption
will continue to increase dramati-cally in the coming decades. ESTs are
sources and methods for producing energy that reduce the emission of
Greenhouse Gases (GHG). Their effec-tive dissemination, adaptation
and use by entities in all coun-tries are considered integral to mitigating
climate change, for which GHG emissions are recognized as a major
contributing factor. 3

4. DISCUSSION ISSUES
 Climate change, Sustainable Development, Technology transfer and
ESTs (Environmentally Sound Technologies): Understanding the
context
 Whether Developing or Emerging Economic Countries need a
Strong IP Laws to Promote Environmentally Sound Technology
Transfers?
 Modalities of Technology Transfer and Involvement of IP: Ground
Realities
 Other Factors affecting EST Transfer 4

5. UNDERSTANDING THE CONTEXT
 The UNFCCC defines climate change as “a change of climate which is attributed
directly or indirectly to human activity that alters the composition of the global
atmosphere and which is in addition to natural climate variability observed over
comparable time periods.”
 Relationship between sustainable development and climate change.
 Technology transfer is a broad set of processes, covering the transfer of technology,
together with the know-how, experience and equipment in order to effectively
implement/ use/ diffuse the technology in the recipient economies. In case of
Environmentally Sound Technologies (ESTs), it covers technologies required for
climate change mitigation and adaptation as well as other pollution control
measures. 5

6. CONTD…
Energy and environmental policies around the world are
in-creasingly being shaped by two concurrent trends:
first, the rising global demand for energy and, second,
the agreement that the world’s greenhouse gas (GHG)
emissions must be re-duced. How is it possible to
reconcile this increasing global demand for energy with
the recognized need to reduce GHG emis-sions?
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7. WHETHER DEVELOPING OR EMERGING ECONOMIC
COUNTRIES NEED A STRONG IP LAWS TO PROMOTE
ENVIRONMENTALLY SOUND TECHNOLOGY TRANSFERS?
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8. Climate Technology Initiative, the International Energy
Agency, and UNEP, entitled Technology Without Borders
(2001), argues that inadequate pro-tection of IPRs is a
barrier to technology transfer, and recommends that
governments consider “protecting intellectual property
rights and licenses in such a way that innovation is
fostered, while avoiding misapplication, which may
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impede diffusion of ESTs.”

9. MODALITIES OF TECHNOLOGY TRANSFER AND
INVOLVEMENT OF IP: GROUND REALITIES
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10.  Patenting and International Transfer of ESTs
 how?
 Why?
 Licensing and Cross Border Agreements
 Licensing is a way for IPR owners or holders of some form
of propriety technology (licensors) to allow other entities to
use their technology and/or product for either commercial or
non-commercial purpose (based on licensees). 10

11. OTHER FACTORS AFFECTING EST TRANSFER
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12. We discussed about role of IPR in the transfer of EST
with regard to developing countries. However, we should
not consider IPR in isolation for this purpose. There are
other factors also that effect EST transfer, most of which
concern the situation on the ground in recipient countries
specially their technical capacity and infrastructure, the
regulatory and political climate, and human factors.
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13.  Technical Capacity and Infrastructure
 Regulatory and Political Climate
 Human Factor
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14. CONCLUSION AND KEY FINDINGS
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15. CONCLUSION
Changing weather, scarcity of natural resources and growing pollution
problems lead us to think about climate change or global warming or
climate mitigation issues. But the very basic problem with developing
countries is lack of advanced technologies for this purpose. We have
many modals to transfer ESTs such as international patent filing, joint
ventures, licensing agreements etc. But as we discussed in the paper,
weak IP protection is not sole hinder in technology transfer from
developed countries to developing countries, there are many other
contingencies also which have a significant impact on ESTs transfers
such as absorption capacity of the country, political and regulatory
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support and other factors.

16. KEY FINDINGS
 International harmonization between technology holder countries and technology
needed countries.
 Enabling environment for technology transferor at international level, such as WIPO
Green and technology mechanism of UNFCCC.
 Enhancement of absorption capacity and increase of infrastructure facility in
developing countries.
 There should be change in mindset of policy maker that how best they can use IP to
promote EST transfer instead of basic policy question that IP is hinder or not.
 An integrated technology transfer policy at national level which should include IP
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and other factors together and not in isolation.