Innovation is key to meet IPCC climate targets and mitigate massive ecological, human health, and economic impacts – only IPR that incentivizes innovation and tech transfer can solve

[Addison S. "No Need to Reinvent the Wheel: The Positive Relationship between Green Technology and Patent Enforcement." Villanova Environmental Law Journal, vol. 35, no. 1, 2024, pp. 125-152. HeinOnline. 7/16-ACC]

I. NECESSITY, MOTHER OF INVENTION: THE ISSUE OF CLIMATE CHANGE AND THE CRUCIAL ROLE OF TECHNOLOGY TO CONFRONT IT The climate change phenomenon presents an enormous chal- lenge to human civilization.1 Within Earth's biosphere, carbon emissions threaten the health of the natural ecosystems upon which societies rely.2 Abrupt changes to ecological systems, impacts on biodiversity, and disruptions to food production are all serious mal- adies that trace their roots back to the changing climate and carbon emissions.3 Climate change displaces populations and adversely impacts human health, infrastructure, and economic performance. 4 In 2018, Congress identified climate change as a "direct threat" to United States national security.5 Moreover, from a sociopolitical standpoint, researchers have observed an association between the threat of climate change and increased authoritarian tendencies among populations. 6 While many factors impact climate fluctuations, human green- house gas production, namely through carbon dioxide emissions, heavily contributes to rising temperatures. 7 Greenhouse gases, such as carbon dioxide, methane, and nitrous oxide, raise the tempera- ture of the Earth's atmosphere by capturing solar energy reflected from the Earth's surface and emitting it as heat.8 The concentration of atmospheric carbon dioxide has risen by more than forty percent since the Industrial Revolution - over half of which has accumulated since 1970.9 Given humanity's continued reliance on fossil fuel energy and other activities that produce greenhouse gasses, the continued warming of the Earth can be projected with high certainty.10 Innovation within a wide range of technological areas will be a crucial aspect of addressing climate change because of the breadth and scope of the problem." The Inter-Governmental Panel on Climate Change (IPCC) is looking in part to technological progress to help facilitate climate change mitigation and foster sustainable economic development.12 Innovations in both efficient energy production and consumption will be necessary to reduce emissions.13 The IPCC's faith in innovation appears well-founded, as global studies reveal that changes in levels of carbon emissions are predictive of a higher propensity toward green innovation in response.1 4 Moreover, researchers have demonstrated that the uptake of renewable energy technological innovations creates a "significant" reduction in carbon emissions.15 Encouragingly, on the energy production front, one report on the costs of electricity generation by source shows that renewable sources are globally becoming more cost-competitive with tradi- tional fossil fuels.16 The United States, however, continues to extract a majority of its energy consumption from fossil fuels.17 Technological innovation has historically been and continues to be crucial in transitioning to cleaner, more efficient forms of energy. 18 A system that fosters both innovation and widespread diffusion of technology will be essential to harness the environmental benefits of green technology.1 9 Such a system requires a well-functioning legal regime of intellectual property (IP) that incentivizes innovation without creating undue obstacles to technological uptake.20 IP protections are indispensable to technological advancement because they attract necessary investment and facilitate both specialization and competition.21 This specialization enables efficient use of resources, which breeds invention and ensuing innovation.22