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Lack of Patents Hinders Clean Technology Development in Africa
Green Technology Featured Articles
May 13, 2013

Lack of Patents Hinders Clean Technology Development in Africa

By Cheryl Kaften
TMCnet Contributor

Africa has a huge—and almost completely untapped— potential for generating clean energy, including enough hydroelectric power from its seven major river systems to serve the whole continent's needs, as well as enormous potential for solar, wind and geothermal generation.


Just 4.3 percent of the continent’s total hydropower capacity has been harnessed—although, recently, there have been more efforts across the continent to ramp up the use of clean energy, with North African nations leading in solar and wind, Kenya in geothermal, Ethiopia in hydro, and Mauritius in bioenergy.


A child enjoying light from a portable LED lamp uing solar energy near Kumi, Uganda. Photo courtesy of UNEP.

Lack of Patents Prevents Development

What’s holding back development? Intellectual property and patenting in particular have been highlighted as a significant factor limiting the transfer of new clean technologies to developing countries—preventing these countries from meeting new emission limits for carbon dioxide and other greenhouse gases.

Indeed, based on a study conducted by the United Nations Environment Programme (UNEP) and the European Patent Office (EPO)—“Patents and Clean Energy (News - Alert) Technologies in Africa”—less than one percent of all patent applications relating to clean energy technology (CET) have been filed in Africa.

"The joint EPO-UNEP study is the first-ever representative stock taking of clean energy technology patents in African countries," said EPO Chief Economist Nikolaus Thumm. "Its main purpose is to facilitate an evidence-based informed debate on the role of patents in the dissemination of clean energy technologies in Africa, and to promote identification of existing technology solutions in the field for technology transfer to the continent."

While the lack of patents filed means CETs can be freely exploited in Africa, it also means that companies may be reluctant to offer up their know-how to promote technology transfer.  "The development and transfer of technologies are key pillars in both mitigating the causes of climate change and adapting to its effects; patents are a crucial part of this process," said Nick Nuttall, UNEP spokesperson.

"In addition to an accelerated response to climate change, boosting clean energy technologies [offers] multiple green economy benefits …[In] public health-for example, in sub-Saharan Africa more than half of all deaths from pneumonia in children under the age of five, and chronic lung disease and lung cancer in adults over 30, can be attributed to solid fuel use," Thumm stated.

The report found that, of the one percent of identified CET-related patents filed in Africa, the majority are in South Africa—meaning there has been very little activity in the remaining African states. Also, only 10 percent of African inventors apply for patent protection in Africa. The majority tend to seek protection in four other regions: the United States (27 percent), the European Patent Office (24 percent), Germany (13 percent) and Canada (10 percent).

Signs of Change

However, there are signs that the situation is changing. Despite low patent application numbers, the overall inventive activity in African countries grew by 5 percent between 1980 and 2009, compared to 4 percent at the global level. With a 59 percent increase, mitigation technologies grew most significantly in that period.

Most African nations are fairly well-integrated into the international patent system, and an increasing number are putting in place specific patenting policies and strategies, which place significant importance on technology transfer, as part of their development framework. As a consequence, African inventors, as well as individuals and domestic companies active in the field of CETs, are also putting greater emphasis on patents as part of their business strategies, using the international, regional and national filing systems for patent applications in Africa and elsewhere.

The study finds that a growing proportion of CET-related applications are expected to be filed in African states in the future. It will then be important to ensure the granting of only high-quality patents in Africa, ensuring that exclusive rights in CET and similar technologies are only granted for valid inventions, and the undeserving ones refused. Increasing international cooperation and establishing and maintaining high-quality patent systems will foster innovation and growth.




Edited by Alisen Downey


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