Clean Innovation to Climate Rescue: a Comparative Law & Economics Analysis of Green Patents Regulation

Noemi Mauro


Using a Comparative Law & Economics methodology (CLE), this article intends to contribute to the debate
on the relationship between institutions, green patent filing and the rate of innovation in the environmental
field. An introductory section addresses the necessity of analyzing the interrelation between patent rules around
the world and green innovation. The discussion then explores which institutions concerning clean patents are
responsible for improving the rate of inventions for low-carbon technologies. Attention is given to countries
ranking high as fundamental market recipients of new patented technologies, namely China, the U.S., Japan,
South Korea, and Germany. This comparison will develop in a two-step analysis: (1) A discussion on the
impact that different types of institutions have in incentivizing or hindering patent applications, and (2)
whether this results in increased rates of clean innovation, with consistent effects in fighting climate change.
The main methodological issues are: (a) Considering the array of different drivers of innovation, in a complex,
multifactorial environment; (b) determining what kind of legal transplants could be carried on by States
lacking relevant involvement in green innovation, modelling on those more proactive in the field. Rather than
identifying a generic set of guidelines that could be replicated around the world in terms of efficient institutions
for low-carbon technology innovation. The goal should be to use CLE to assist policymakers in recognizing
which country-specific and local factors are most relevant for green innovation.

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Comparative Law Review is registered at the Courthouse of Monza (Italy) - Nr. 1988 - May, 10th 2010.
Editors - Prof. Giovanni Marini, Prof. Pier Giuseppe Monateri, Prof. Tommaso Edoardo Frosini, Prof. Salvatore Sica, Prof. Alessandro Somma, Prof. Giuseppe Franco Ferrari, Prof. Massimiliano Granieri.

Direttore responsabile:Alessandro Somma