241. Canada thanks Ecuador for its recent communication on the contribution of intellectual property to facilitating the transfer of environmental technology.
242. It is important to note from the outset two points with respect to intellectual property: (1) certain intellectual property rights are necessary in order to support continuing innovation and development of new technologies critical to ensuring a sustainable environment; and (2) the patent regime is effective in sharing information and contributes to the dissemination of technology.
243. In discussing climate change matters, it is important to recognize that there are many factors affecting climate change that are outside the purview of IPRs. IPRs should not be cast as a barrier to promoting clean and efficient technology; but, rather form an important incentive for innovation and to promote environmental technology. The commercialization of environmental technology not only rewards the inventors and those who bring the technology to market, but it also delivers associated benefits to our economies through innovation, employment, and investment gains. We must maintain an effective incentive regime with a long-term view that enables environmental technologies to be developed to support ongoing innovation and the deployment of these technologies into the future.
244. We must acknowledge the important role that the private sector has on the development and deployment of climate change technology. The private sector continues to develop innovative solutions to deal with climate change-associated problems while still respecting IPRs. For example, Hydrostor, a new Canadian clean-tech company, has developed a low-cost underwater compressed air energy storage technology that offers the capacity of large-centralized systems, while providing the flexibility and scalability of small decentralized systems. Clean technology businesses utilize existing intellectual property regimes. They conduct their businesses based upon licensing agreements and rely on intellectual property protections in order to help finance their investments in research and development.
245. We note that patents also have an important role to play in the dissemination of technology. Apart from financial gains for businesses, patent disclosures help contribute to the wider knowledge base surrounding environmental technology, leading to further innovations in this area. In return for patent protection, Canada publishes the details of patent applications so they are freely available to the public. In doing so, other researchers and inventors are able to further analyse the patents with a view to improving and further developing environmental technologies.
246. We point to ongoing initiatives outside of the TRIPS Council that more appropriately address climate change without limiting intellectual property rights. For example, Parties to the United Nations Framework Convention on Climate Change are taking action to reduce greenhouse gas emissions and to adapt to the effects of climate change. Within this framework is the Climate Technology Centre and Network, an implementation body that will provide tailored advice and technical assistance to developing countries to support the implementation of technology actions for mitigation or adaptation objectives.
247. Furthermore, we point to other available means to encourage the development of environmental technologies and stimulate investment. For example, climate investment funds, in particular ones relating to clean technology funds, can help developing countries pilot low-emissions and climate-resilient development. In addition, Canada has developed frameworks for international collaboration via science and technology agreements with a number of our international partners, including China, India and Brazil. These treaty-level agreements serve as the guidelines for Canadians to effectively work with partner countries to increase international science and technology capacity, including the research and development of clean energy technologies. All of these activities contribute to building knowledge, know-how, skills, and climate change technology while still maximizing the incentives found within the intellectual property regime.
248. IPRs, as they affect climate change and promote environmental technology, do not operate in isolation as a single contributing factor here and that is why it is inappropriate to impair IPRs without a greater understanding of the impediments to climate change and the implications of reducing the incentives behind intellectual property policy. We can help to provide solutions for climate change by creating an enabling environment that fosters the development of innovative environmental technology in the first place. It must be recognized that access to technology is also heavily dependent on other external factors outside of the IP realm, including but not limited to a skilled workforce, adequate infrastructure, and favourable market conditions.
249. Canada looks forward to hearing from other Members on this issue and more discussion on this issue should take place before a formal work programme is agreed to.
