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Full-Text Articles in Environmental Law
Climate Change Innovation, Products And Services Under The Gatt/Wto System, Padideh Ala'i, David Gantz
Climate Change Innovation, Products And Services Under The Gatt/Wto System, Padideh Ala'i, David Gantz
Contributions to Books
This is Chapter 14 of the book entitled "Research Handbook on Intellectual Property and Climate Change", edited by Joshua D. Sarnoff and published in Spring 2016 by EE Elgar. The co-authors are Professors of Law specializing in International Trade Law.
The chapter aims to identify some of the major sources of tension between climate change-related measures proposed or implemented on the national level and the trading rules as they have been applied by the WTO dispute settlement bodies over the past nearly 20 years. The chapter first describes three categories of national approaches to climate change, and highlights the potential …
Intellectual Property And Related Rights In Climate Data, Michael W. Carroll
Intellectual Property And Related Rights In Climate Data, Michael W. Carroll
Contributions to Books
This chapter focuses on the ways in which intellectual property law can act as a barrier to data sharing. Intellectual property laws supply exclusive rights that can enable a researcher, employer or funder to ‘own’ data; they can then bring legal claims against persons who access or reuse data without permission. Some of these rights attach automatically to data, data sets, or databases, and thus must be managed properly to enable robust data sharing in climate science. Other rights are created by contract, and the policies around such privately created rights must be understood and analyzed. This chapter briefly describes …