International Journal of Social Ecology and Sustainable Development, 4(3), 61-70, July-September 2013 61
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Scenario-Patent Protection
Compared to Climate Change:
The Case of Green Patents
Araken Alves de Lima, National Institute of Industrial Property (INPI), Rio de Janeiro, RJ,
Brazil
Patricia Carvalho dos Reis, National Institute of Industrial Property (INPI), Rio de Janeiro,
RJ, Brazil
Julio César Moreira Reis Castelo Branco, National Institute of Industrial Property (INPI),
Rio de Janeiro, RJ, Brazil
Rodrigo Danieli, National Institute of Industrial Property (INPI), Rio de Janeiro, RJ, Brazil
Cibele Cristina Osawa, National Institute of Industrial Property (INPI), Rio de Janeiro, RJ,
Brazil
Eduardo Winter, National Institute of Industrial Property (INPI), Rio de Janeiro, RJ, Brazil
Douglas Alves Santos, National Institute of Industrial Property (INPI), Rio de Janeiro, RJ,
Brazil
ABSTRACT
The United Nations Framework on Climate Change (UNFCCC) took effect as a treaty in 1994 to promote
international cooperation in the fght against global warming. Currently, nearly 190 countries are signatories
of the UNFCCC, which has had successive additions as the Kyoto Protocol (1997). In 1995, the Climate
Technology Initiative was established within the UNFCCC to encourage international cooperation in the
accelerated development and diffusion of environmentally Sound Technologies - EST. Such technologies are
also capable of protection provided by patents, and this kind of protection is a valuable tool for the industrial
production inventions to become a worthwhile investment, contributing to economic development. Many
patent applications claim advantages relative to effciency, waste reduction, or even the costs of operation/
manufacturing. However, the diffculty of accurately distinguishing the EST’s technologies among others, which
are those that only claim environmental benefts, compared to those who actually have a higher potential to
promote a more positive impact on the environment directed. This study aims to report some performance
initiatives in relations between technologies, focusing on the so-called “GREEN”, and the effects of climate
change. Some initiatives have already been started in countries such as Australia, Canada, United States,
United Kingdom, Spain, Japan, South Korea and Israel. These nations are constituted in the form of their
industrial property offces, as entities that have implemented regulations regarding the patentability of requests
for green technologies or EST’s such requests are known as “green patents” applications. In this context, it
is highlighted that the defnition of “green patents” differs from country to country and this leads to greater
uncertainty in this designation, with the codes of the International Patent Classifcation (IPC) should be
DOI: 10.4018/jsesd.2013070105