Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
The legality and feasibility of the use of compulsory licensing under the trips agreement to facilitate the transfer of environmentally sound technologies under the UNFCCC regime
The primary objective of the United Nations Framework Convention on Climate Change is to attain stability in the concentrations of greenhouse gases in the atmosphere. Considerable potential lies in mitigation technologies to lower the emission of these gases. Additionally, there is a crucial require...
Saved in:
| Main Author: | |
|---|---|
| Other Authors: | |
| Format: | Thesis |
| Language: | English |
| Published: |
Department of Public Law
2025
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613203684392960 |
|---|---|
| access_status_str | Open Access |
| author | Hahn, Lily Maya |
| author2 | Paterson, Alexander |
| author_browse | Hahn, Lily Maya Paterson, Alexander |
| author_facet | Paterson, Alexander Hahn, Lily Maya |
| author_sort | Hahn, Lily Maya |
| collection | Thesis |
| description | The primary objective of the United Nations Framework Convention on Climate Change is to attain stability in the concentrations of greenhouse gases in the atmosphere. Considerable potential lies in mitigation technologies to lower the emission of these gases. Additionally, there is a crucial requirement for adaptation technologies to avert the risks posed by ongoing human disruption of the climate system. However, the transfer of environmentally sound technologies between countries, part of the broader concept known as technology transfer, faces challenges related to intellectual property rights. Developing nations argue that intellectual property rights hinder technology transfer, while developed nations consider them crucial for innovation and facilitation thereof. As a consequence of the disagreement on this topic, intellectual property rights were left out of the wording of the Paris Agreement and the scope and obligations of technology transfer under the climate regime remain open to varying interpretations. Resolving this issue requires reaching a consensus among stakeholders and finding a balance between international environmental law and intellectual property rights. One potential solution that is explored in this dissertation is the use of compulsory licensing under the Trade Related Aspects of Intellectual Property Agreement. This dissertation examines the existing legal framework governing the transfer of environmentally sound technologies relevant in the climate change context, analyses the interplay between international environmental law and intellectual property law, explores the Trade Related Aspects of Intellectual Property Agreement and assesses the legal viability and practical feasibility of compulsory licensing for climate purposes. Through this research, a better understanding of technology transfer in the international climate change regime is sought, and an interdisciplinary perspective on trade law and environmental law is provided. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/40920 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:32:24.523Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | Department of Public Law |
| publisherStr | Department of Public Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/40920 The legality and feasibility of the use of compulsory licensing under the trips agreement to facilitate the transfer of environmentally sound technologies under the UNFCCC regime Hahn, Lily Maya Paterson, Alexander public law The primary objective of the United Nations Framework Convention on Climate Change is to attain stability in the concentrations of greenhouse gases in the atmosphere. Considerable potential lies in mitigation technologies to lower the emission of these gases. Additionally, there is a crucial requirement for adaptation technologies to avert the risks posed by ongoing human disruption of the climate system. However, the transfer of environmentally sound technologies between countries, part of the broader concept known as technology transfer, faces challenges related to intellectual property rights. Developing nations argue that intellectual property rights hinder technology transfer, while developed nations consider them crucial for innovation and facilitation thereof. As a consequence of the disagreement on this topic, intellectual property rights were left out of the wording of the Paris Agreement and the scope and obligations of technology transfer under the climate regime remain open to varying interpretations. Resolving this issue requires reaching a consensus among stakeholders and finding a balance between international environmental law and intellectual property rights. One potential solution that is explored in this dissertation is the use of compulsory licensing under the Trade Related Aspects of Intellectual Property Agreement. This dissertation examines the existing legal framework governing the transfer of environmentally sound technologies relevant in the climate change context, analyses the interplay between international environmental law and intellectual property law, explores the Trade Related Aspects of Intellectual Property Agreement and assesses the legal viability and practical feasibility of compulsory licensing for climate purposes. Through this research, a better understanding of technology transfer in the international climate change regime is sought, and an interdisciplinary perspective on trade law and environmental law is provided. 2025-02-11T12:59:51Z 2025-02-11T12:59:51Z 2024 2025-02-11T08:13:50Z Thesis / Dissertation Masters LLM http://hdl.handle.net/11427/40920 eng application/pdf Department of Public Law Faculty of Law University of Cape Town |
| spellingShingle | public law Hahn, Lily Maya The legality and feasibility of the use of compulsory licensing under the trips agreement to facilitate the transfer of environmentally sound technologies under the UNFCCC regime |
| thesis_degree_str | Master's |
| title | The legality and feasibility of the use of compulsory licensing under the trips agreement to facilitate the transfer of environmentally sound technologies under the UNFCCC regime |
| title_full | The legality and feasibility of the use of compulsory licensing under the trips agreement to facilitate the transfer of environmentally sound technologies under the UNFCCC regime |
| title_fullStr | The legality and feasibility of the use of compulsory licensing under the trips agreement to facilitate the transfer of environmentally sound technologies under the UNFCCC regime |
| title_full_unstemmed | The legality and feasibility of the use of compulsory licensing under the trips agreement to facilitate the transfer of environmentally sound technologies under the UNFCCC regime |
| title_short | The legality and feasibility of the use of compulsory licensing under the trips agreement to facilitate the transfer of environmentally sound technologies under the UNFCCC regime |
| title_sort | legality and feasibility of the use of compulsory licensing under the trips agreement to facilitate the transfer of environmentally sound technologies under the unfccc regime |
| topic | public law |
| url | http://hdl.handle.net/11427/40920 |
| work_keys_str_mv | AT hahnlilymaya thelegalityandfeasibilityoftheuseofcompulsorylicensingunderthetripsagreementtofacilitatethetransferofenvironmentallysoundtechnologiesundertheunfcccregime AT hahnlilymaya legalityandfeasibilityoftheuseofcompulsorylicensingunderthetripsagreementtofacilitatethetransferofenvironmentallysoundtechnologiesundertheunfcccregime |