Nature News - 15 May 2012 - by Daniel Cressey
Geoengineering experiment cancelled amid patent row.
Balloon-based ‘testbed’ for climate-change mitigation abandoned.
http://www.nature.com/news/geoengineering-experiment-cancelled-amid-patent-row-1.10645

Let me also repeat my April 2012 contribution to this discussion,
which one of the moderators of this group didn't want groupmembers to
read:

David Keith, a Harvard University professor and an adviser on energy
to Microsoft founder Bill Gates, said he and his colleagues are
researching whether the federal government could ban patents in the
field of solar radiation, according to a report in Scientific
American.

Some of his colleagues last week traveled to Washington, D.C., where
they discussed whether the U.S. Patent Office could ban patents on the
technology, Keith said.

"We think it's very dangerous for these solar radiation technologies,
it's dangerous to have it be privatized," Keith said. "The core
technologies need to be public domain."

As suggested by Sam Carana, a declaration of emergency, as called for
by the Arctic Methane Emergency Group (AMEG), could be another way to
deal with this issue.

A declaration of Emergency could give governments the power to
overrule patents, where they stand in the way of fast-tracking geo-
engineering projects proposed under emergency rules.Thus, patents
don't need to be banned, prohibited or taken away; instead, patent
will continue to apply in all situations other than the emergency
situation, while new patents could also continue to be lodged during
the emergency period.

Even where patent are directly applicable to proposed projects, patent
law would still continue to apply, the emergency rules would merely
allow governments to proceed in specific situations, avoiding that
projects are being held up by legal action, exorbitant prices or
withholding of crucial information.

A declaration of emergency could also speed up projects by removing
the need to comply with all kinds of time-consuming bureaucratic
procedures, such as the need to get formal approvals and permits from
various departments, etc. This brings us to the need to comply with
international protocols and agreements. If declared internationally, a
declaration of emergency could overrule parts of such agreements where
they pose unacceptable delays and cannot be resolved through
diplomacy.

Cheers,
Sam Carana

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