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31 Fordham Envtl. L. Rev. 1 (2020)

handle is hein.journals/frdmev31 and id is 1 raw text is: CLIMATE CHANGE, TECHNOLOGY TRANSFER, AND INTELLECTUAL PROPERTY: A 'MODEST PROPOSAL' FOR AN IP ENFORCEMENT MORATORIUM DALINDYEBO BAFANA SHABALALA* INTRODUCTION The Earth continues to experience record-breaking temperatures caused by increased atmospheric concentrations of carbon dioxide (C02) and other greenhouse gases (GHGs).1 The impacts of this unprecedented warming include increased floods and drought, rising sea levels, the spread of deadly diseases such as malaria and dengue fever, and increasing numbers of violent storms and weather-related catastrophes.2 Climate change presents a challenge to almost all areas of human economic activity because of our reliance on GHG-emitting fossil fuels and fossil fuel products. The current global emissions trajectory has a high probability of 4.5 degrees of warming above pre-industrial levels with catastrophic effects.3 Factoring in planned actions under the Paris Agreement4 still leaves a high probability of reaching 2.7 degrees of increased warmth.5 To keep warming well below 2 degrees and maintain the possibility of * Assistant Professor of Law, University of Dayton, School of Law. 1 U.N. ENV'T PROGRAMME AND WORLD METEOROLOGICAL ORGANIZATION, INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE, CLIMATE CHANGE 2014 SYNTHESIS REPORT 40 (R.K. Pachauri et al. eds.) (2014) [hereinafter IPCC]. 2 Id. at 50-53. 3 See CLIMATE ACTION TRACKER, http://climateactiontracker.org/ (last visited February 6, 2020) (Analyzing and tracking government climate action measured against the Paris Agreement). 4 The Paris Agreement was adopted as a Decision of the UNFCCC parties rather than a protocol or a treaty so as to avoid the domestic ratification obligations of some countries regarding formal international agreements. See United Nations Framework Convention on Climate Change Dec. 1/CP.21, U.N. Doc. FCCC/CP/2015/10/Add.1 (January 29, 2016) (adopting Paris Agreement). 5 See U.N ENV'T PROGRAMME, THE EMISSIONS GAP REPORT 2016 (2016) (analyzing outcomes of planned actions under Paris Agreement). 1

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