Technologies for climate change adaptation: emerging lessons from developing countries supported by UNDP.

• Author: Tessa, Bertrand

In developing countries, resource-dependent communities are disproportionately affected, jet less equipped to cope with the adverse impacts of climate change. Though generally associated with institutional adjustments, technology transfer, absorption and diffusion provide outstanding opportunities to increase the resilience of vulnerable communities and the ecosystems on which they rely to the risks of climate variability and extremes. In spite of the potential for technology diffusion as it emerges from the international regime, scientific evidence suggests that global efforts to transfer climate-smart technologies needed for successful adaptation in developing countries have fallen short. This paper examines current challenges and opportunities related to technology transfer for climate change adaptation in developing countries, as well as the contribution of the United Nations Development Programme--Climate Change Adaptation Team (UNDP-CCA) in promoting technology absorption and diffusion at the country level.

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These days, climate change is one of the most prominent challenges facing humanity. Recent data released by the National Oceanic and Atmospheric Administration (NOAA) of the United States suggest that June 2010 was the hottest month of June on record. (1) Resource-dependent communities in developing countries are disproportionately affected, yet less equipped to cope with the adverse impacts of climate change. As extreme weather reaches its peak, the need to adapt becomes an urgent priority. The transfer of technology--which in the broadest sense includes not only materials and equipment, but also the technical and commercial information and human skills needed to properly understand and use it--is presented as one of the main pillars to increase the resilience of vulnerable communities and their ecosystems to climate risks. Yet today, global efforts to transfer and diffuse climate-smart technologies have fallen short of what is required for significant adaptation in the coming decades. (2) The experience of the UNDP Environment and Energy Group in promoting the absorption and diffusion of technology in developing countries can help pave the way for successful transfer of technology to developing countries.

We begin by elaborating on the opportunities and constraints associated with the transfer of technology in developing countries, then go on to present the portfolio of UNDP's projects addressing the absorption and diffusion of technology in climate change adaptation in developing countries. Our final section explores the prospects for scaling up efforts to transfer technology for climate change adaptation in developing countries.

OPPORTUNITIES AND CONSTRAINTS TO TECHNOLOGY TRANSFER IN DEVELOPING COUNTRIES

From the United Nations Framework Convention on Climate Change (UNFCCC) in 1992 to the Kyoto Protocol in 1997 to the Bali Action Plan ten years later, several multilateral environmental agreements have been developed to assist developing countries in adapting to climate change; namely, by facilitating innovation and diffusion of technology that can bolster the resilience of vulnerable communities to climate change, variability and extremes. For example, Article 4.5 of the UNFCCC urges developed countries who are party to the Convention (Annex I countries) to promote, finance and facilitate the transfer of environmentally sound technologies and know-how to developing countries. Yet despite their commitments, the difficulty of fulfilling this critical need has highlighted the importance of moving toward concrete actions. Today, the World Trade Organization's (WTO) agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides potential opportunities to speed up the transfer of technology for adaptation. While addressing some concerns, significant challenges still need to be overcome in developing countries in order for adaptation technologies to deliver their full promises.

Technology Transfer Opportunities for Climate Change Adaptation in Developing Countries

TRIPS constitutes the most comprehensive multilateral agreement in the area of intellectual property rights. The agreement is replete with technology transfer opportunities for developing countries. In addition to establishing minimum standards for intellectual property rights, a central aspect of TRIPS is that it allows countries to position intellectual property rights in the context of their public policy} In this respect, several provisions known as TRIPS flexibilities allow developing countries to overcome the constraints pertaining to the protection of intellectual property rights, and provide them with critical policy space, especially for climate change adaptation. (4) These provisions include exceptions to patent rights and compulsory licensing. As stated in Article 30 on the "Exceptions to Rights Conferred," TRIPS does grant exceptions to the exclusive rights conferred by a patent, assuming that these exceptions do not conflict with normal exploitation of the patent and do not prejudice interests of the patent owner, taking into account the interests of third parties.(5) Such exemptions are particularly pertinent within the context of climate change adaptation, given the need to adapt foreign technology to local environment. These exemptions allow companies in developing countries to invent around patent claims to gain access to environmentally sound technologies. This has proved important within the context of the implementation of other multilateral environmental agreements.(6) In the case of compulsory licensing, TRIPS allows the use of a patented product or process without the consent of the patent owner, assuming that the proposed user has previously attempted to obtain authorization from the patent holder. This requirement is further waived in the case of national emergency and other circumstances of extreme urgency, or in cases of public noncommercial use (Article 31.b). (7) Compulsory licensing can, therefore, be seized to ensure rapid transfer and access to climate-related technologies for adaptation in developing countries.

In addition to the patent provisions, it is important to mention the provisions of Section 8 on the "Control of anti-competitive practices in contractual licenses. (8) As stated in Article 40, WTO members can adopt appropriate measures to prevent or control licensing practices or conditions within intellectual property rights that impede the transfer and the dissemination of technology. Further, Article 66, specifically designed for least developed countries (LDCs), recognizes the special needs and requirements of these countries and provides them with a transition period of ten years, during which they are only required to apply Articles 3, 4 and 5 of the agreement. During this period--which has now been extended from 2013 to 2016--LDCs can access a variety of channels for the transfer of technologies, including imitation and reverse engineering.

From this perspective, it is clear that TRIPS has the potential to facilitate the transfer of technology for climate change adaptation in developing countries...