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Intellectual Property, Innovation and the Environment
This topical volume brings together seminal papers which explore the interplay of intellectual property, innovation and environmental protection. It traces the emergence of intellectual property as an environmental protection policy lever and examines the interaction of market failures at the intersection of technological progress and environmental protection. Further, it discusses concerns that have been raised about the use of proprietary rights in the service of environmental protection. Finally it considers alternatives to intellectual property, such as subsidies and prizes, which seek to encourage advances in environmental protection technologies.
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Critical Acclaim
Contributors
Contents
More Information
This topical volume brings together seminal papers which explore the interplay of intellectual property, innovation and environmental protection. It traces the emergence of intellectual property as an environmental protection policy lever and examines the interaction of market failures at the intersection of technological progress and environmental protection. Further, it discusses concerns that have been raised about the use of proprietary rights in the service of environmental protection. Finally it considers alternatives to intellectual property, such as subsidies and prizes, which seek to encourage advances in environmental protection technologies.
With an original introduction by the editors, this important collection will be of interest to students, scholars and practitioners working in the field of intellectual property, innovation and the environment.
With an original introduction by the editors, this important collection will be of interest to students, scholars and practitioners working in the field of intellectual property, innovation and the environment.
Critical Acclaim
‘Although environmental law and intellectual property rights are often considered quite distinct, they are rapidly becoming united because of the urgent need for technological innovation in order to address major environmental problems such as climate change. The materials collected in this book provide the foundations for this growing area of research.’
– Daniel Farber, University of California, Berkeley, US
– Daniel Farber, University of California, Berkeley, US
Contributors
16 articles, dating from 1977 to 2012
Contributors include: J. Adler, J. Barton, E.L. Lane, J.D. Sarnoff, R.B. Stewart
Contributors include: J. Adler, J. Barton, E.L. Lane, J.D. Sarnoff, R.B. Stewart
Contents
Contents:
Acknowledgements
Introduction Peter Menell and Sarah Tran
PART I HISTORICAL PERSPECTIVE: PROMOTING INNOVATION IN POLLUTION CONTROL THROUGH REGULATION AND MARKET-BASED INSTRUMENTS
1. D. Bruce La Pierre (1977), ‘Technology-Forcing and Federal Environmental Protection Statutes’
2. Richard B. Stewart (1981), ‘Regulation, Innovation, and Administrative Law: A Conceptual Framework’
3. Bruce A. Ackerman and Richard B. Stewart (1987), ‘Reforming Environmental Law: The Democratic Case for Market Incentives’
PART II INTELLECTUAL PROPERTY AS AN ENVIRONMENTAL POLICY TOOL: CONCEPTUAL FOUNDATIONS
4. Adam B. Jaffe, Richard G. Newell and Robert N. Stavins (2005), ‘A Tale of Two Market Failures: Technology and Environmental Policy’
PART III USING INTELLECTUAL PROPERTY TO PROMOTE ENVIRONMENTAL PROTECTION
5. Michael A. Gollin (1991), ‘Using Intellectual Property to Improve Environmental Protection’
6. Natalie M. Derzko (1996), ‘Using Intellectual Property Law and Regulatory Processes to Foster the Innovation and Diffusion of Environmental Technologies’
7. Sarah Tran (2012), ‘Expediting Innovation’
PART IV INTELLECTUAL PROPERTY AND CONCERNS ABOUT DIFFUSION OF IMPROVED ENVIRONMENTAL PROTECTION TECHNOLOGIES
8. Joshua D. Sarnoff (2011), ‘The Patent System and Climate Change’
9. Jorge L. Contreras (2012), ‘Standards, Patents, and the National Smart Grid’
10. John H. Barton (2007), ‘Intellectual Property and Access to Clean Energy Technologies in Developing Countries: An Analysis of Solar Photovoltaic, Biofuel and Wind Technologies’
11. Eric L. Lane (2010), ‘Keeping the LEDs On and the Electric Motors Running: Clean Tech in Court after eBay’
12. Eric Lane (2010), ‘Clean Tech Reality Check: Nine International Green Technology Transfer Deals Unhindered by Intellectual Property Rights’
13. Bronwyn H. Hall and Christian Helmers (2010), ‘The Role of Patent Protection in (Clean/Green) Technology Transfer’
14. Jason R. Wiener (2006), ‘Sharing Potential and the Potential for Sharing: Open Source Licensing as a Legal and Economic Modality for the Dissemination of Renewable Energy Technology’
PART V COMPLEMENTS AND ALTERNATIVES TO INTELLECTUAL PROPERTY FOR STIMULATING ADVANCES IN ENVIRONMENTAL PROTECTION TECHNOLOGIES
15. Jonathan H. Adler (2011), ‘Eyes on a Climate Prize: Rewarding Energy Innovation to Achieve Climate Stabilization’
16. Gary E. Marchant (2009), ‘Sustainable Energy Technologies: Ten Lessons from the History of Technology Regulation’
Acknowledgements
Introduction Peter Menell and Sarah Tran
PART I HISTORICAL PERSPECTIVE: PROMOTING INNOVATION IN POLLUTION CONTROL THROUGH REGULATION AND MARKET-BASED INSTRUMENTS
1. D. Bruce La Pierre (1977), ‘Technology-Forcing and Federal Environmental Protection Statutes’
2. Richard B. Stewart (1981), ‘Regulation, Innovation, and Administrative Law: A Conceptual Framework’
3. Bruce A. Ackerman and Richard B. Stewart (1987), ‘Reforming Environmental Law: The Democratic Case for Market Incentives’
PART II INTELLECTUAL PROPERTY AS AN ENVIRONMENTAL POLICY TOOL: CONCEPTUAL FOUNDATIONS
4. Adam B. Jaffe, Richard G. Newell and Robert N. Stavins (2005), ‘A Tale of Two Market Failures: Technology and Environmental Policy’
PART III USING INTELLECTUAL PROPERTY TO PROMOTE ENVIRONMENTAL PROTECTION
5. Michael A. Gollin (1991), ‘Using Intellectual Property to Improve Environmental Protection’
6. Natalie M. Derzko (1996), ‘Using Intellectual Property Law and Regulatory Processes to Foster the Innovation and Diffusion of Environmental Technologies’
7. Sarah Tran (2012), ‘Expediting Innovation’
PART IV INTELLECTUAL PROPERTY AND CONCERNS ABOUT DIFFUSION OF IMPROVED ENVIRONMENTAL PROTECTION TECHNOLOGIES
8. Joshua D. Sarnoff (2011), ‘The Patent System and Climate Change’
9. Jorge L. Contreras (2012), ‘Standards, Patents, and the National Smart Grid’
10. John H. Barton (2007), ‘Intellectual Property and Access to Clean Energy Technologies in Developing Countries: An Analysis of Solar Photovoltaic, Biofuel and Wind Technologies’
11. Eric L. Lane (2010), ‘Keeping the LEDs On and the Electric Motors Running: Clean Tech in Court after eBay’
12. Eric Lane (2010), ‘Clean Tech Reality Check: Nine International Green Technology Transfer Deals Unhindered by Intellectual Property Rights’
13. Bronwyn H. Hall and Christian Helmers (2010), ‘The Role of Patent Protection in (Clean/Green) Technology Transfer’
14. Jason R. Wiener (2006), ‘Sharing Potential and the Potential for Sharing: Open Source Licensing as a Legal and Economic Modality for the Dissemination of Renewable Energy Technology’
PART V COMPLEMENTS AND ALTERNATIVES TO INTELLECTUAL PROPERTY FOR STIMULATING ADVANCES IN ENVIRONMENTAL PROTECTION TECHNOLOGIES
15. Jonathan H. Adler (2011), ‘Eyes on a Climate Prize: Rewarding Energy Innovation to Achieve Climate Stabilization’
16. Gary E. Marchant (2009), ‘Sustainable Energy Technologies: Ten Lessons from the History of Technology Regulation’
