The innovative state and the intellectual property management of publicly developed environmentally sound technology in the EU

In this paper, we argue that the intellectual property (IP) management of publicly developed technology serves insufficiently the imperatives of climate change mitigation, which are understood to demand most efficient dissemination of environmentally sound technology (EST), and its development. Firstly, we outline some of the criticism of IPR for climate change mitigation. Then we explain the crucial role of public funding for EST by discussing economic theory of innovation based on the writings of Joseph Schumpeter and Mariana Mazzucato, and focus on the way in which the intellectual property rights (IPRs) of publicly funded EST have been managed in the most important areas of state innovation: public procurement for innovation (PPFI), the EU Pilot Horizon 2020 and university research. We outline the perceived problems with IP management of EST and where possible try to outline changes which could, in our view, provide a viable alternative to often proposed changes to the global IP regime in regard to climate change.