Activity 3(b) Work Package 1
Evolving a roadmap for resolving IPR issues in technology transfer

• TERI-NFA Working Paper No.2 - Are weak IPRs acting as barriers to tranfer of climate friendly technologies: Assessing IPR regimes in five Asian Countries

Coming soon...

• 'Intellectual Property Rights and Access to Climate-related Technologies: Lessons from Indian experience' presented by Nitya Nanda at National Conference on Theory and Practice in Indian Economy organized by Jawaharlal Nehru University, New Delhi 10-12 December 2012.
  Presentation
   
• 'Facilitating Technology Transfer for Climate Change Mitigation and Adaptation' by Nitya Nanda and Nidhi Srivastava as policy input for the 17th Conference of Parties to the United Nations Framework Convention on Climate Change held in Durban, South Africa from 28 November to 9 December 2011.
  Full Text
   
• "Weak IPRs as Impediments to Technology Transfer for Dealing with Climate Change? Findings from Select Asian Countries" (ref. no. IPR-897) by Indrani Barpujari and Nitya Nanda submitted to the Journal of Intellectual Property Rights

Intellectual property rights (IPRs) are a contentious aspect of the international negotiations under the United Nations Framework Convention on Climate Change (UNFCCC) on technology transfer to developing countries for dealing with the problem of climate change. The debate on IPRs has been quite polarized; while developing countries want IPRs to be addressed as a barrier within the technology transfer discussion, developed countries assert that weak IPRs in developing countries constitute the major impediment to technology transfer. This paper examines broadly the IPR regimes of five Asian countries at different stages of development- China, India, Indonesia, Malaysia and Thailand, with the aim of having a broad, objective overview of the state of IPRs in the Asian region. The IPR regime in each of these countries is objectively assessed on the basis of three parameters- TRIPS compatibility, enforcement and TRIPS Plus provisions to determine the ‘strength’ of the regime in each country. On the basis of these findings, the paper arrives at the conclusion that the contention that weak IPRs in developing countries constitute the biggest barrier to technology transfer seems to be untenable. It however, acknowledges that developing countries still have a long way to go in terms of enforcement and building administrative capabilities as they lack the necessary financial and human resources.