2 juin 2015: Madame Wei Zhuang
Madame Wei Zhuang soutiendra, en vue de l'obtention du grade de docteure en droit, sa thèse intitulée :
« Intellectual Property Rights and Climate Change : Interpreting the TRIPS Agreement for facilitating Innovation and Transfer of environmentally Sound Technologies »
Mardi 2 juin 2015 – 14h.30
Salle M3050 - UNI MAIL
La séance est publique
Climate change has been characterised by the UN General Assembly as “a common concern of mankind”. It is alleged that innovation and transfer of environmentally sound technologies (ESTs), which form part of the solution to climate change, have not taken place fast enough to effectively mitigate climate change. Despite an attempt to strike a balance between rights and obligations, the role of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in innovation and transfer of ESTs has been questioned.
This thesis first analyses the effects of minimum IPRs standards established by the TRIPS Agreement on innovation and transfer of ESTs from various perspectives. It then examines whether, and to what extent, the limits to patent protection as well as the competition-related provisions in the TRIPS Agreement, when properly interpreted, could be applied to facilitate innovation and transfer of ESTs, thus contributing to reconciling the public interest in tackling climate change with the private sectors’ interests in IP protection. Taking into account the WTO’s sustainable development objective and the object and purpose of the TRIPS Agreement, this thesis seeks to propose a balanced and pro-competitive interpretation of the relevant TRIPS provisions. In addition to treaty interpretation, this thesis proposes a Doha-type Declaration on Intellectual Property Rights and Climate Change and recommends international guidelines for licensing of IP-protected ESTs.
12 mai 2015