This collection considers the future of climate innovation after the Paris Agreement. It analyses the debate over intellectual property and climate change in a range of forums – including the climate talks, the World Trade Organization, and the World Intellectual Property Organization, as well as multilateral institutions dealing with food, health, and biodiversity. The book investigates the critical role patent law plays in providing incentives for renewable energy and access to critical inventions for the greater public good, as well as plant breeders’ rights and their impact upon food security and climate change. Also considered is how access to genetic resources raises questions about biodiversity and climate change. This collection also explores the significant impact of trademark law in terms of green trademarks, eco labels, and greenwashing. The key role played by copyright law in respect of access to environmental information is also considered. The book also looks at deadlocks in the debate over intellectual property and climate change, and provides theoretical, policy, and practical solutions to overcome such impasses.

Table of Contents

Preface

The People's Climate March, Flood Wall Street, and the New York Climate Summit

Professor Matthew Rimmer, QUT

(1) Introduction

The Road to Paris: Intellectual Property, Human Rights, and Climate Justice

Professor Matthew Rimmer, QUT

(I). International Law

(2). The Paris Agreement: Intellectual Property, Technology Transfer and Climate Change

Professor Matthew Rimmer, QUT

(3). Transparency in Climate Finance After Paris: Towards a More Effective Climate Governance Framework

Dr Felicity Deane and Dr Evan Hamman, QUT

(4). The Paris Agreement: Development, the North-South Divide and Human Rights

Dr Anna Huggins and Dr Bridget Lewis, QUT

(5). Climate Change and Human Rights: Intellectual Property Challenges and Opportunities

Alexandra Phelan, Georgetown Law

(II). Patent Law

(6). Intergenerational Justice: A Framework for Addressing Intellectual Property Rights and Climate Change

Dr Peter Lawrence, University of Tasmania, and Heather Forest

(7). Management of Intellectual Property in Australia's Clean Technology Sector: Challenges and Opportunities in an Uncertain Regulatory Environment

Kane Wishart

(8). Intellectual Property, Climate Change and Technology Transfer in South Asia

Dr Kanchana Kariyawasam, Griffith University, and Matthew Tsai

(9). Masters of Disaster: Patent Law, Climate Change, and Geoengineering

Professor Matthew Rimmer, QUT

(III). Trademark Law and Related Rights

(10). Trademark Goodwill and Green Global Value Networks

Professor Margaret Chon, Seattle University

(11). This Ain’t Your Daddy’s Greenwashing: An Assessment of the American Petroleum Institute’s Power Past Impossible Campaign

Professor Kim Sheehan, the University of Oregon

(12). The Power of Visual Appeal: Designs Law and Clean Energy

Professor Maree Sainsbury, the University of Canberra

(13). Key Change: The role of the creative industries in climate change action

Tim Hollo

(IV). Privacy and Trade Secrets

(14). Environmental Sousveillance, Citizen Science and Smart Grids

Bruce Arnold, the University of Canberra

(15). Promoting and Protecting Clean Energy Innovations Through The Trade Secrets Regime: Issues and Implications

Walakada Appuhamilage Darshana Jeewantha Sumanadasa, QUT

(V). Open Innovation

(16). Energy Democracy, Renewables and the Paris Agreement

Dr Angela Daly, QUT and Caitlin Archbold, QUT

(17). Change Change and Open Data: An Information Environmentalism Perspective

Associate Professor Robert Cunningham, Curtin University

(18). Open Government Data in an Age of Growing Hostility Towards Science

Bernadette Hyland-Wood, UQ

(19). Elon Musk’s Open Innovation: Tesla, Intellectual Property, and Climate Change

Professor Matthew Rimmer, QUT

(VI). Plant Breeders’ Rights, Food Security, Access to Genetic Resources, and Indigenous Knowledge

(20). Path-breaking or history-repeating? Analysing the Paris Agreement’s research and development paradigm for climate-smart agriculture

Dr Hope Johnson, QUT

(21). Genetic resources, intellectual property and climate change

Professor Charles Lawson, Griffith University

(22). Benefit Sharing Under the REDD+ Mechanisms: Implications for Women

Dr Rowena Maguire, QUT

(23). Northern Exposure: Climate Change, Indigenous Rights, and Atmospheric Trust Litigation in Alaska

Professor Matthew Rimmer, QUT