Patent or Planet? Rethinking IP for Just Climate Tech Transition in the Global South

Abstract Equitable technology transfer is a cornerstone of achieving a just transition (JT), enabling climate resilience and sustainable development in the Global South. While intellectual property (IP) protections are designed to incentivize innovation, they often constrain access to climate technologies, creating systemic barriers for nations in the Global South. Through a dual lens of doctrinal and qualitative analysis, this article examines the contested role of IP systems (particularly the World Trade Organization’s TRIPS and TRIPS-plus clauses in trade agreements) in shaping the global landscape of climate technology transfer. It highlights the implications for achieving a JT and the geopolitical asymmetries that perpetuate technological dependency, and the potential pathways for strengthening Southern agency. Findings reveal that current IP frameworks exacerbate inequities but also highlight actionable reforms. The article calls for reimagining IP governance as an instrument for equity and climate justice, urging international collaboration to dismantle colonial legacies embedded in global knowledge systems and advance innovation through commons-based approaches essential for sustainable futures.