Intellectual Property and Biofuels: The Energy Crisis, Food Security, and Climate Change

Abstract

In light of larger public policy debates over intellectual property and climate change, this article considers patent practice, law, and policy in respect of biofuels. This debate has significant implications for public policy discussions in respect of energy independence, food security, and climate change. The first section of the paper provides a network analysis of patents in respect of biofuels across the three generations. It provides empirical research in respect of patent subject matter, ownership, and strategy in respect of biofuels. The second section provides a case study of significant patent litigation over biofuels. There is an examination of the biofuels patent litigation between the Danish company Novozymes, and Danisco and DuPont. The third section examines flexibilities in respect of patent law and clean technologies in the context of the case study of biofuels. In particular, it explores the debate over substantive doctrinal matters in respect of biofuels -such as patentable subject matter, technology transfer, patent pools, compulsory licensing, and disclosure requirements. The conclusion explores the relevance of the debate over patent law and biofuels to the larger public policy discussions over energy independence, food security, and climate change.

Algae as a promising resource for biofuel industry: facts and challenges

“…Algal biofuels were considered as a key for the prevention of environmental risks, overcoming the fluctuations in petroleum economy and emphasizing the importance of production of the renewable energy sources [70]. Unlike the previous generation of bio-based fuels, algal biofuels are also a game changer for the prevention of food versus fuel argument [71]. However, considering algal biofuels as a new field of biotechnology, it is open to implementations of existing technologies (bio-refinery, fuel processing) with a number of challenges.…”

“…Energy security is the main concern in developing word [26]. Access to energy, utilization of fuels for human consumption and providing sufficient energy for societies for today and for future are the main issues to discuss energy security and management risks [71]. The political fluctuations, dependency of foreign petroleum companies, unstable fuel prices and sole trade commercialization of fuel sources bring energy insecurity issues.…”

Microalgal Biotechnology: Ethics and Intellectual Property Rights

“…Microalgal biofuels are considered as a promising fuel source for a sustainable future in terms of energy safety [2] and with some aspects; energy security [36]. The microalgal biofuels are considered as a sustainable source which do not compete with first and second generations of biofuels thus it has no relevancy with food vs. fuel debate [37,38].…”