Back to Search Start Over

Innovation Policy Beyond Patents: A Case Study on the Development of Climate-Friendly Fertilizers.

Authors :
Metzger, Axel
Kusch, Chiara
Source :
GRUR International: Journal of European & International IP Law; Aug2024, Vol. 73 Issue 8, p742-750, 9p
Publication Year :
2024

Abstract

Nitrogen fertilizers have revolutionized agriculture since the early 20th century and made a decisive contribution to combating world hunger. Nevertheless, the technology is controversial today because production is energy-intensive and contributes significantly to climate change. In addition, conventional fertilizers pollute groundwater, rivers and coastal waters. Synthetic nitrogen fertilizer is made from ammonia (NH3) produced by the Haber-Bosch process, for which a patent was filed with the German Imperial Patent Office in 1908 (DE235421). For the urgently needed development of modern climate-friendly fertilizers, patent law seems to have played a minor role so far. The large and patent-active agrochemical corporations in the industrialized countries are focusing on other technologies, leaving fertilizer production to companies with direct access to energy below the global market price. Another reason is the very generous regulation of nitrogen fertilizers. For farmers, the use of less climate-damaging fertilizers is not worthwhile. However, the disruption of supply chains in the wake of Russia's aggression in Ukraine and the aggravation of climate change could lead to a rethink. In the US, the first support programs for the development of climate-friendly, innovative 'next-generation' fertilizers have been launched. This paper examines the interplay of patent law in concert with regulatory law and government funding tools in the area of innovative fertilizers. It starts from the hypothesis that other legal frameworks have a stronger influence on innovation activity than patent law at the moment. But this could change if the regulatory framework were to impose stricter requirements for the use of fertilizers. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
26328550
Volume :
73
Issue :
8
Database :
Complementary Index
Journal :
GRUR International: Journal of European & International IP Law
Publication Type :
Academic Journal
Accession number :
179293743
Full Text :
https://doi.org/10.1093/grurint/ikae075