In his inaugural address, President Obama noted that “each day brings further evidence that the ways we use energy strengthen our adversaries and threaten our planet.” It seems clear that climate change considerations will be influencing the policies of the new administration. In the broader marketplace, climate change considerations are creating market forces that will drive many businesses in new directions. This article will address the ways in which evolving attitudes and responses to climate change will affect policies, markets and the broader practice of intellectual property law.

Policy Changes and IP Law

In the United States, it is anticipated that the Obama administration will provide incentives for industries that deal with protection of natural resources and development of alternative forms of energy. The Technology Agenda released by the White House (available at www.whitehouse.gov/agenda/technology ) provides the administration’s goals for investing in university-based research, protecting American intellectual property at home and abroad, and reforming the patent system. One of the stated goals is to invest in “climate-friendly energy development and deployment” by investing $150 billion over the next 10 years toward biofuels renewable energy, and other technical advancements to “ensure that America remains the world’s leader in technology.” Of course, it is a long way between a position paper and sought-after results, but the administration seems determined to advance “green” technology.

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