Portfolios, pools and public intervention—IP strategies for a greener future?

Abstract The Paris Agreement 2015 recognizes the importance of technology in addressing the threat of climate change. Article 10 specifically states that: ‘[a]ccelerating encouraging and enabling innovation is critical for an effective, long-term global response to climate change.’ However, what the Agreement fails to consider is how to resolve the tension between intellectual property rights, technology transfer and climate change. Renewable firms are facing growing pressure to develop and ensure transfer of green technology on a global scale—but at what cost to their IP rights? This article analyses whether renewable firms will rely on either patents or trade secrecy as the primary means of IP protection. We argue that patents will remain the central form of IP protection due to their strategic application: (i) to settle disputes via licensing agreements and (ii) to control technology development in the standardization process. Patents, via the mechanism of patent pools, provide the perfect balance between addressing the global public interest in tackling climate change and protecting private proprietary rights.