Green Technology Protection through Patents within the EU : Enhancing Climate Mitigation within the EU or Hindering from Reaching the Goal? – Looking into the German Benchmark

Abstract

The thesis` goal is to examine whether the European patent system is suitable to enforce climate mitigation in the EU and especially in Germany by protecting green technologies, or whether it is hindering from reaching the worldwide climate neutrality goals. Analyzing the patent features as well as the procedures within the European patent system and comparing them to the requirements needed to achieve progressive climate mitigation, is supposed to indicate whether the European patent system is the right instrument to incentivize as well as prompt green technologies. The research material and therefore the base for the analysis consist mostly of legal framework (the UNFCCC, the Paris Agreement, and the European Green Deal) and legislation (TRIPS, European Climate Law, Federal Climate Change Act) as well as case law but also procedures within patent offices, recommendations and conferences of the WIPO, OECD, and WTO as well as further doctrinal sources and statistical material is considered. The outcome reflects the thought of the European patent system with its existing patent features and procedures not enhancing climate mitigation. In return, it is not directly hindering climate mitigation but slowing down climate mitigation when fast actions are required. Nevertheless, it is believed that because of the positive effects the patent system has on innovation, it can protect green technologies in a manner which supports climate mitigation. Therefore, adaptations to the European patent system are proposed such as the consideration of Arts 30, 31 TRIPS, prioritized patent applications, a better consideration of the morality aspect through further institutions, boosting of green technology features through law as well as further incentives surrounding the patent system.