Administration to be Commended for Strong Position on IP

by Mark Esper

With UNFCCC climate change treaty negotiations scheduled to conclude this December in Copenhagen, the Obama Administration should be commended for its support of intellectual property (IP) rights at the ongoing talks. During this week's working group meeting in Bonn, the U.S. established its position on IP clearly and firmly, stating that no treaty will be agreed upon that undermines or weakens intellectual property rights.

I'm sure that the 18 million Americans who work in IP-intensive industries, and the millions more that could come as our economy continues to "green," agree.  We all appreciate that strong IP rights drive innovation, creating the incentives and safeguards essential if we are to create the technologies that will help the world address climate change.   

One might think that such a clear stance in defense of IP and innovation wouldn't be necessary.  Yet America's position was urgently needed to counteract the anti-IP rhetoric of developing nations ranging from Argentina to India to China. It also sends a clear signal that the current UN negotiating text now on the table at Bonn– which contains several IP proposals hostile to IP and innovation – is not acceptable to the U.S. and other nations who are investing a good deal to invent these new climate-friendly technologies.
 
Defending IP from accusations that it creates barriers to innovation and obstacles to tech transfer, the American delegation made clear that innovation will only continue to flourish if the international community's time-proven system of incentives and protections is preserved.  It is time to tackle the real impediments to technology diffusion, from high tariff and non-tariff barriers, to inadequate financing and limited infrastructure, just to name a few.

The U.S. position was shared by the European Union, which expressed that its member states could not support provisions that would diminish IP protection.  More importantly, the EU position was supported by emerging nations like Uganda who view IP rights as the best means of obtaining the technologies needed to advance their societies. Uganda suggested that discussions relating to technology transfer should be centered on building constructive partnerships with the private sector.  Kudos to Uganda!

This progress, coupled with previous statements of support for IP rights by Australia, New Zealand, Japan, Canada and others indicates that the value of innovation in solving global climate change challenges is being realized.

We all want to address climate change and technology is the key, but we won't get there if IP rights aren't protected. And for that, the president and his team in Bonn should be commended.