Alternative Energy/Intellectual Property and Alternatives
Reichman, J. et al., 2008. Intellectual Property and Alternatives: Strategies for Green Innovation, London, UK: Chatham House.
Reichman et. al., 2008 - They describe the essential issues around green innovation as a lack of a stable market without appropriate, stable, predictable, long-term GHG pricing systems or other market enabling policies such as subsidies. This creates an atmosphere where innovation can happen and R&D funds will flow into the green technology sector. The caveat to this study is their note that since the conditions described above do not currently exist, the study itself is highly speculative in regards to their assessment of IPR barriers in green tech. Additionally they note that the nascent stage of green technology development leaves very little empirical evidence to support the argument that IPR does or does not create barriers. The focus technologies of the report are bio-fuels, solar PV, hybrid cars and fuel-cells and wind energy. They report that so far, bio-fuels do not seem to have a patent barrier issue. Small firms working on the enzymes for cellulosic ethanol are collaborating with larger firms and the patents seem to be generating a market for small firms. In the PV sector they refer back to Professor Barton’s report and note that interchangeable patented technologies that work in the PV modules create a fairly competitive market and reduce any barriers. Hybrid cars, fuel cells and the wind industry all represent incremental innovation, which is to say that they basic technology is off-patent and well known, while new improvements are being patented but not exclusively my certain market entities so there is competition among these patented improvements. They do note a possible IPR barrier that could develop around copyright over the microbial agent research critical to ethanol enzymes that is protected under EU Database Law. They suggest alternatives to traditional patenting and licensing in order to encourage innovation in green technologies. 1) Technology pools - licensing the combination of patents that make up a particular technology in an affordable pool of patents. The Eco-Patent Commons does this in a royalty free manner, but is not currently offering any green technology patents. This could be the basis of a Global Fund that buys up patent pools for critical carbon-abatement technologies and offers them to developing countries. 2) Prizes - rather than offering grants for R&D research, prizes can be offered for the most innovative solution to a particular problem.