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ICTSD Programme on IPRs and Sustainable Development<br />

14<br />

who have experience in negotiation technology<br />

transfer contracts, in partnership with an<br />

<strong>org</strong>anization of skilled professionals interested<br />

in the transfer of technology or licensing of IP<br />

rights such as the Licensing Executives Society. 49<br />

Any project that seeks to automate licensing<br />

decision-making, especially one designed by<br />

developed country parties, risks compounding<br />

the problem of lack of bargaining power.<br />

Finally, automated licensing mechanisms do not<br />

address the central problem of negotiation of<br />

technology contracts: inequality of bargaining<br />

power. Best-practice guides may be useful, but<br />

the real problems are lack of training and lack<br />

of bargaining power. This can be addressed by<br />

training programmes in practical skills and by<br />

attempting to grow developing country patent<br />

ownership of climate change technologies, an<br />

ambitious but doable task over the medium to<br />

long term.<br />

All of the above approaches may have some<br />

utility, but only in the context of innovation<br />

strategy that will empower developing countries<br />

to own and manage their own climate change IP.<br />

Resources that could be devoted to addressing<br />

the real problems of lack of bargaining power<br />

and weak innovation infra-structure should not<br />

be diverted to these approaches.

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