Summary/Abstract
This chapter, from the forthcoming book Carbon Capture and Storage (CCS) in International Energy Policy and Law: Perspectives on Sustainable Development, Climate Change, and the Energy Transition, focuses upon technology development in respect of carbon capture and storage – exploring intellectual property, government funding, and innovation prizes. There has been debate as to whether carbon capture and storage technologies should be classified as clean technologies for the purposes of patent law and mechanisms such as green fast tracks. The technology has raised issues in respect of patent validity, patent infringement, patent licensing, and bankruptcy. There has also been discussion about the role of patent exceptions – such as technology transfer, public sector licensing, patent pools, compulsory licensing, and competition oversight. As well as intellectual property, there has also been government funding of research into carbon capture and storage technologies. In Australia, the Carbon Capture and Storage Flagships program has supported a small number of demonstration projects. There have also been some collaborative projects between the United States and China in respect of carbon capture and storage technologies. There has been discussion as to whether it is appropriate for the UNFCCC Climate Technology Centre and Network to support carbon capture and storage technologies. However, there has been questions as to whether such funding has been wise – given the rather slow progress in respect of the carbon capture and storage projects. In addition to intellectual property, there has also been an extensive use of innovation prizes to encourage research and development in respect of carbon capture and storage. In 2007, the Virgin Earth Challenge established a prize to develop carbon capture technologies. In 2015, Mission Innovation included a Prize focused on carbon capture and storage. In 2017, there was debate in the United States Congress over the introduction of the Carbon Capture Prize Act 2017 (US) H.R. 4906, and the Carbon Capture Prize Act 2019 (US) H.R. 3282. In 2019, the Carbon XPRIZE was announced to encourage the development of CO2 conversion technologies. Overall, this chapter questions whether such incentives in respect of carbon capture and storage have been productive – given the rather lacklustre outcomes in respect of research, development, and deployment thus far.