Recipe for disaster? the deployment of patents over environmentally sound technologies (ESTs)

The development, deployment and dissemination of low- carbon and other environmentally sound technologies (ESTs) is critical in our response to climate change. Yet, many of these critical technologies are patented and belong to private entities. Malaysia through the National Renewable Energy Policy...

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Main Authors:	Ida Madieha, Abdul Ghani Azmi, Suzi Fadhilah , Ismail, Chun-Phuoc, Jeong
Format:	Article
Language:	English
Published:	International Islamic University Malaysia 2014
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/41476/ http://irep.iium.edu.my/41476/ http://irep.iium.edu.my/41476/1/114-394-2-PB.pdf

id	iium-41476
recordtype	eprints
spelling	iium-414762015-02-13T03:25:02Z http://irep.iium.edu.my/41476/ Recipe for disaster? the deployment of patents over environmentally sound technologies (ESTs) Ida Madieha, Abdul Ghani Azmi Suzi Fadhilah , Ismail Chun-Phuoc, Jeong K Law (General) The development, deployment and dissemination of low- carbon and other environmentally sound technologies (ESTs) is critical in our response to climate change. Yet, many of these critical technologies are patented and belong to private entities. Malaysia through the National Renewable Energy Policy and National Green Technology Policy, aims to leverage on green technology as a double edge sword; as a tool to spur economic activities whilst at the same time ensuring sustainable development and conservation of the environment for future generations. In order to enhance the uptake of ESTs, Malaysia has identified renewable energy as an impetus. This paper explores the discourse between the patents and climate change at the international level. As the diffusion of ESTs requires modification and adaptation, the issue of how much this can take place without the consent of the patent owner is discussed. The scope of scientific research exemption in Malaysia is examined with a view of determining whether it can support research activities with commercial activities and the act of inventing around a patent. It is proposed that for effective transfer of ESTs to take place, the scientific research provision be expanded to cover all forms of research necessary for the diffusion of technology, regardless of its commercial and transformative ends. International Islamic University Malaysia 2014 Article PeerReviewed application/pdf en http://irep.iium.edu.my/41476/1/114-394-2-PB.pdf Ida Madieha, Abdul Ghani Azmi and Suzi Fadhilah , Ismail and Chun-Phuoc, Jeong (2014) Recipe for disaster? the deployment of patents over environmentally sound technologies (ESTs). IIUM Law Journal, 22 (1). pp. 1-18. ISSN 0128-2530 http://journals.iium.edu.my/iiumlj/index.php/iiumlj/issue/view/17
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Ida Madieha, Abdul Ghani Azmi Suzi Fadhilah , Ismail Chun-Phuoc, Jeong Recipe for disaster? the deployment of patents over environmentally sound technologies (ESTs)
description	The development, deployment and dissemination of low- carbon and other environmentally sound technologies (ESTs) is critical in our response to climate change. Yet, many of these critical technologies are patented and belong to private entities. Malaysia through the National Renewable Energy Policy and National Green Technology Policy, aims to leverage on green technology as a double edge sword; as a tool to spur economic activities whilst at the same time ensuring sustainable development and conservation of the environment for future generations. In order to enhance the uptake of ESTs, Malaysia has identified renewable energy as an impetus. This paper explores the discourse between the patents and climate change at the international level. As the diffusion of ESTs requires modification and adaptation, the issue of how much this can take place without the consent of the patent owner is discussed. The scope of scientific research exemption in Malaysia is examined with a view of determining whether it can support research activities with commercial activities and the act of inventing around a patent. It is proposed that for effective transfer of ESTs to take place, the scientific research provision be expanded to cover all forms of research necessary for the diffusion of technology, regardless of its commercial and transformative ends.
format	Article
author	Ida Madieha, Abdul Ghani Azmi Suzi Fadhilah , Ismail Chun-Phuoc, Jeong
author_facet	Ida Madieha, Abdul Ghani Azmi Suzi Fadhilah , Ismail Chun-Phuoc, Jeong
author_sort	Ida Madieha, Abdul Ghani Azmi
title	Recipe for disaster? the deployment of patents over environmentally sound technologies (ESTs)
title_short	Recipe for disaster? the deployment of patents over environmentally sound technologies (ESTs)
title_full	Recipe for disaster? the deployment of patents over environmentally sound technologies (ESTs)
title_fullStr	Recipe for disaster? the deployment of patents over environmentally sound technologies (ESTs)
title_full_unstemmed	Recipe for disaster? the deployment of patents over environmentally sound technologies (ESTs)
title_sort	recipe for disaster? the deployment of patents over environmentally sound technologies (ests)
publisher	International Islamic University Malaysia
publishDate	2014
url	http://irep.iium.edu.my/41476/ http://irep.iium.edu.my/41476/ http://irep.iium.edu.my/41476/1/114-394-2-PB.pdf
first_indexed	2023-09-18T20:59:23Z
last_indexed	2023-09-18T20:59:23Z
_version_	1777410521451986944

Recipe for disaster? the deployment of patents over environmentally sound technologies (ESTs)

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