ABSTRACT

In December of 2015, the Paris Agreement was passed by the 21st conference of parties to the United Nations Framework Convention on Climate Change (UNFCCC). The parties of the UNFCCC tried to develop more detailed plans to promote the international transfer of green technologies after the signing of the Kyoto Protocol in 1997. This chapter discusses international agreements on compulsory licensing of green technologies, and whether such an agreement is needed. However, the very strict limitations on compulsory licensing in Trade-Related Aspects of Intellectual Property Rights make it very difficult for parties of the UNFCCC to adopt measures to solve the problems of green patent suppression. Accordingly, the problem of green patent suppression can never be solved if the parties of UNFCCC cannot manage to improve the current intellectual property system. The goal of the Paris Agreement may never be achieved if the developed countries hesitate to share their green technologies with developing countries.