European Patent Legislation: A tool or obstacle for the dissemination of Environmentally Sound Technologies?

Abstract: Abstract On May 18th in Abu Dhabi, UAE, IRENA released a report declaring that Djibouti can meet 100% of energy demand through renewable energy sources by 2020. Today, 55% of the population lives without access to electricity, 60% is unemployed, and the country depends greatly on imports of energy sources, inter alia fossil fuels and electrical power, which contribute to the continued rising levels of greenhouse gas emissions. Approximately 65% of the country’s electricity needs are imported. While these conditions may appear discouraging, and clearly pose economic, infrastructural and legal challenges, RRAs estimate that the transition from existing energy sources to attaining the target would be provided predominantly from geothermal, wind, and solar resources, which are forms of environmentally sound technologies (ESTs). Adnan Z. Amin, Director General of IRENA, affirms that “The development of local renewable resources would provide an answer for Djibouti's energy access, energy security and employment needs” and that “The falling costs of renewable energy offers an opportunity for Djibouti to rethink its energy strategy, develop policies and build institutions that would create jobs, bring power to those currently without and deliver more reliable electricity services, all through clean, sustainable energy.” Thusly, in other words, IRENA advocates the use of environmentally friendly solutions to contemporary problems, thus corroborating similar proclamations made by international actors inter alia the EU , UNFCCC , UNEP , WIPO , etc., which have all drawn attention to the prominent environmental concerns of today, and the imperative necessity to introduce ESTs to a substantial extent. The dissemination of ESTs, however, depends on numerous factors, one of the most significant being ruling law. While the international community offers numerous legal frameworks, treaties and agreements, the focus of this dissertation will be European Patent Legislation.