Tag: IPR

How Long is the Journey for EST to LDCs

Sixbert Simon Mwanga
Climate Action Network-Tanzania

Climate technologies and technology transfer are very cruacial in the whole process of addressing climate change in developing countries and Africa in particular. It was recognized at the IPCC  Supplementary report to Assessment Report 1 (AR1) in 1992 that there is a need to develop the most potent climate technologies and create enabling environments for these technologies get diffused, optimally, to both developed and developing countries to achieve a sustainable development corridor.  In the Convention as well, it has been identified that developed countries have the obligation to provide technology support to developing countries. Climate technology is considered to be a redemption for developing countries which are  already suffering from climate change impacts with little hope for their futures.

It has taken more than a decade for parties to consider assuring appropriate institutions for technology assistance to adress the needs of already distressed countries. It is worth knowing that while parties, and especially Annex 1 parties, continue to delay the process through procedural actions, the actual lack of commitment to financial flow, and failure to address Intellectual Property Rights (IPR), capacity building as well as institutional arrangements, the climate has never stopped its track toward a worse conclusion.

The need for transfer of Environmentally Sound Technology (EST) and financial resources to developing and poor countries in support of susatainable developments has been considered to be important since Rio,  but they are yet to be attained. For more than 20 years, since Rio, little if  nothing has been done to facilitate the transfer of EST to the global south. The people of the global south have suffered a lot, their survival is at risk, and they are unhappy with the failure to properly address the development, transfer and diffusion of EST.

This happened despite creating instituions and mechanisms for the global technology cooperation after years of time-consuming negotiations in the various exotic venues of the cities of the world. In the meantime, the rise of incidence of extreme events and losses of both human and physical assets went on increasing, thereby leaving the most vulnerbale people of the world at the mercy of the nature. This cannot be the addressal mechanism, we need quick, effective and smooth cooperation of technoligies to address the urgency of climate actions.

Please facilitate quick action by shortening your procedural businesses!

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Tackling the Intellectual Property Elements of an Enabling Environment for Technology Transfer

 

 

 

 

 

 

Executive Summary

Climate Action Network International (CAN) concurs with the apparent consensus at the third Technology Executive Committee (TEC) meeting (held on the 28th and 29th of May in Bonn) that intellectual property rights (IPR) is an issue in the transfer of climate technologies that could be an incentive, a barrier, neither or both. Furthermore, the determination of which role it plays can only be made at the national/sectoral level on a case-by-case basis. There are cases where IPR has been and can be a barrier and some parties are concerned that it will be a barrier to the transfer of key climate technologies to help mitigate their emissions and enhance their adaptive capacities. On the other hand, technology developers are concerned with the intellectual property enforcement risk in developing economies and potential negative impacts on innovation. In the absence of some guidance on key issues related to IPR from the Technology Mechanism (TM), countries and providers would be left to deal with each IPR issue that arises from scratch, stalling and even derailing much-needed technology deployment. 

But the UNFCCC can play a critical role here to ensure that countries have the tools they need to find resolution in a case where IPR issues threaten to pose a barrier to the transfer of a key climate technology while ensuring that appropriate incentives for technology innovation are maintained.  By providing appropriate guidelines on the use of existing tools and a platform to facilitate various forms of information sharing on IPR solutions among other initiatives, the UNFCCC has the opportunity to proactively prevent IPR from becoming a widespread barrier while building confidence in the TM among both demanders and suppliers of climate technologies.  

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Durban's Legacy: Get On With It

After a tumultuous week, ECO is concerned that some Parties might be in danger of losing sight of the forest amongst the trees. ECO would like to remind parties that in Durban they set themselves a tall order to undertake a LOT of work this year – now is the time to stop the shenanigans, roll your sleeves up and get on with it.

Mitigation

ECO should not need to remind Parties how urgent it is to increase mitigation ambition! We need to make great progress this year in the KP and LCA, and in the ADP workplan.

As the KP rumbles on without urgency, Parties have not yet got to discuss how they will reduce the AAU loophole, nor the technical details of the QELROs. CP2 Parties and the ditherers need to up their game, so that their pollution reductions and targets contribute significantly and fairly towards closing the gigatonne gap.

Rapid progress in the LCA is needed on 1(b)(i), which lags far behind the KP in developing the QELROs promised in the Bali Action Plan. Countries that have jumped ship from the Kyoto Protocol need to show that their pledges are capable of being compared through common accounting and MRV systems.

ECO is disappointed with the silence from the 1(b)(ii) counties that have not yet brought forward pledges. We look for all countries to table NAMAs, both those that can do so unilaterally and those that need support.

The workplan to increase ambition must go on until the ambition gap has been closed. Agreement to have an agenda item and progress on the workplan on increasing short term ambition in the ADP is a non-negotiable and essential element of the regime. The ADP has a dual role on mitigation: to negotiate a fair, ambitious and binding deal by 2015 and to increase ambition in the short term by all Parties. This is a crucial space where some of the elements of the gigatonne gap-closing agenda can be addressed.

Finance

ECO fancies the work pro-gramme on long term finance as a constructive way to mobilize US$100 billion a year, but is kept awake at night worrying that, if not clearly connected to the LCA negotiations, it could come to nought. ECO does not want the co-chairs’ report to the COP18 to sit on yet another dusty shelf. ECO needs this report to actually spur decisions on new and additional sources of public finance to address urgent adaptation and mitigation needs. ECO is still not sure why some parties would choose to block the creation of this important spin-off group on finance under the LCA. ECO is painfully crossing both fingers and toes that all parties finally agree on the need for negotiating space to start drafting text before Doha for a decision on finance to be adopted there.

Adaptation

ECO is pleased that Parties have made progress on the NAPs, with a draft conclusion text outlining funding modalities. But more progress is needed this week – Parties need to show how support will be scaled up, including through direct access. NAPs preparation needs to commence as soon as possible so that they can provide input into post-2020 considerations, whilst simultaneously enhancing the implementation of existing NAPAs.

Given that the major work on loss and damage in 2012 will happen through the work programme expert meetings, Parties should agree on holding an informal meeting before the COP to assess the achievements of these expert meetings, and draft decision text there. A failure to sufficiently increase mitigation pledges will lead to an increase in loss and damage, which must be recognised.  And ways to explore the institutional options from Durban and Cancun must be outlined in the run-up to 2015.

Shared Vision

Listening to last week’s spin-off group on shared vision had a distinctly “Groundhog Day” feel, as Parties expressed their long known views. The first workshop on equity had some interesting and relevant discussion, which leads ECO to suggest that Parties focus their efforts on agreeing to the peak year in Doha. In order to stay below 2°C and keep 1.5°C within reach, the Qatari Presidency must highlight the need for Parties to agree to an early peak year. Consider the gauntlet thrown – this will be a key measure of success at Doha.

Review

It is no secret that ECO favours a narrow scope of the first periodic Review, sticking to the Cancun agreed definition, which would support the effectiveness of the Review. ECO is hopeful that Parties can reach agreement in Doha through solution-oriented discussions in the spin-off group.

Capacity Building

Lately, capacity building has been treated like Parties' forgotten child. ECO is therefore looking forward to two whole afternoons this week of the Durban Forum on Capacity Building. ECO hopes the Forum will concentrate on reviewing action on capacity building in the context of the many current and future capacity needs of developing countries, rather than those that applied in 2001.

Technology Transfer

Parties don’t seem to be much closer to choosing a CTCN host from among the three ranked  possibilities. Nor have they moved much in addressing the constitution of the advisory board. Additionally, the LCA contact group raised the issue of IPR as motivation for a spin-off group. As a result, some who are wary of IPR discussions pointed to the TEC as the appropriate venue. It's solidly within the TEC's mandate. Let's get on with it!

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Important Lessons From My Tuk Tuk Driver on Technology Transfer

1. Make sure you agree with your passengers from the outset on their destination. Otherwise everyone will end up unhappy and short changed.

Start by establishing the key issues and objectives for the Technology Executive Committee (TEC) and Climate Technology Centre and Network (CTCN) and their respective roles and interaction, including with national bodies.  The priorities for the CTC and its location should be driven by developing country needs. A preliminary list of “To Dos” includes: capacity building; technical help for diffusing and deploying technologies; support for country-driven regulatory policies (e.g. FITs); guidance for countries developing funding proposals to submit to the Green Fund.

2. Work out the best route and agree on the fare.

The point of departure is a scoping exercise on the scale of resources (financial, technical, human) needed to help countries transition to a low-carbon pathway while addressing their development and energy needs. Overall, resources should be focused on filling gaps and not duplicating existing efforts.

3. Know which shops and restaurants offer the best deal for your customers.

What existing institutions are best suited to participate in the technology network? Are there any gaps in areas of technical expertise that may require the creation of new institutions? A database for mitigation and adaptation-related institutions/expertise should be established.

And finally, some handy hints from my tuk tuk driver to ease your journey on the road to Durban:

  • Be courageous!  Deal with the big traffic jam like Intellectual Property Rights (IPR) head on. There is no need to be afraid of those big trucks blocking your way.
  • Be decisive! If needed, weave through the traffic to arrive on-time and at the main destination you want in Durban, which is to establish a balanced and equitable representation on the TEC and other elements to speed up the deployment of low carbon energy in the developing world.

So do as my driver did and hit the gas!

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CAN Intervention - Expert workshop on the Technology Mechanism - 04, Apr, 2011

Expert workshop on the Technology Mechanism
CAN intervention, April 4, 2011

Thank you Mr/Ms Chair,

My name is Manjeet Dhakal from Nepal and I am speaking on behalf of the Climate Action Network.

The technology cooperation mechanism has been discussed for a long time and we now have a basic framework for an institutional structure under the UNFCCC. However, the entire initiative is put at risk by the failure to establish a mechanism for evaluating whether or not proposed technologies are “environmentally sound" and are worthy of support. Essential to any technology evaluation is the full and authentic participation of civil society.

The achievements of the Cancun Agreements were the formation of a Technology Mechanism, including the Technology Executive Committee (TEC) and the Climate Technology Centre and Network (CTCN). We urge the delegates to frame the TEC so that it can decide on every activity that will be carried out under the climate technology cooperation framework, and agree that the CTCN will operate under its supervision. Both bodies must ensure balanced representation. There is no doubt that the vulnerable courtiers, particularly LDCs would benefit from CTCs, so we humbly request parties to prioritize these countries while allocating the locations of centers.     

One of the frustrating elements of the Cancun Agreement was that the issue of IPR was thrown into the recycle bin. We urge the parties to put the IPR issue back on the table for constructive discussion.

Parties need to work hard on technology this year to reach a positive conclusion. Along with the work programme discussion scheduled to happen here in Bangkok, the IPR issue also needs space on the agenda.

We urge accountable and transparent reporting of the TEC to the COP and effective means of oversight of the CTCN. This will bring some amount of transparency in the whole process.
 

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