Intellectual Property Rights in the Transfer of Green Technologies

Activity: Talk or presentationOral presentation


Objectives: Through a doctrinal and legislative analysis, the current research aims to analyse the international legal constraints on the transfer of technology, particularly from the North to the global South, to mitigate the impacts of climate change on marine biodiversity. To achieve its objective, the research deepens the analysis of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) rules, namely, Articles 7, 30, 31 and 66, to ensure technology transfer. This project focuses on green technology, considering its value to the subject.
Methodology: The study presented has as methodology the exploratory and descriptive research, and its results are treated qualitatively from the collection of information from secondary sources. The collected information will be analysed under the Third World Approaches to International Law (TWAIL) perspective in order to identify the difficulties in the application of the rules (previously identified) to ensure the transfer of green technology. Results: In the process of conducting the research, it was possible to conclude that (i) there are exceptions to the application of intellectual property law under TRIPS and (ii) what are the constraints to an effective technology transfer, in particular, the application of green technology in the global South.
Contributions: The main contribution of the research is to highlight possible interpretations of the TRIPS rules in order to (i) design new public policies related to the promotion of innovation and green technology transfer and (ii) ensure the mitigation of climate change under the aspect of intergenerational justice.
Period13 Jan 2023
Held atCentro de Investigação e Desenvolvimento sobre Direito e Sociedade (CEDIS)
Degree of RecognitionLocal


  • Technology transfer
  • Climate change
  • Intellectual Property Law