The Legal Barriers to Technology Transfer under the UN Framework Convention on Climate Change

The Example of China

By: Chen Zhou

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eText | 11 March 2019

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The book discusses climate technology transfer under the UNFCCC framework, and China's relevant legislation and practices. It first explores theoretical basis of climate change-related technology transfer, with a particular focus on the differences between climate technology transfer and business-as-usual performance. The book then reviews practices of both technology supplier and user, in order to generally identify potential legal barriers and obstacles. Finally, it sheds light on China, providing a comprehensive assessment on barriers that hinder the trans-boundary transfers of low carbon technologies and need to be overcome in future.

The issues concerned involve two of the most dynamic areas in current China's lawmaking progress: environment laws and Intellectual Property laws. The book provides an in-depth analysis on China's legislation and practices in this regard. At international level, the legal framework of climate technology transfer is examined in a systematic, prudent and constructive manner. On this basis, the book highlights potential commons, consistency and possible coordination between the UNFCCC and the WTO regime.

This book is accessible to both Chinese and international environmental law specialists. It appeals to a broad readership, including environmental scientists, economists concerned with China's intellectual property law, foreign investment law and anyone interested in the topic: how to green intellectual property rights regime for climate technology transfer in the China context.