Climate change is a global problem that requires global cooperation to address the resulting challenges. Developed countries, with their advanced economics, technology and infrastructure, are better fit than developing countries to withstand the effects of climate change. In the process of developing, however, these countries have produced, and continue to produce, the vast majority of the greenhouse gases that are leading to climate change. In contrast, the least developed countries (LDCs) are among the lowest polluters yet are likely to be most vulnerable to climate change due to their comparative lack of economic resources, technology or infrastructure. That is why during the negotiations of the global climate regime, including the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol to the United Nations Framework Convention on Climate and the Paris Agreement, developing countries and the LDCs were pushing for provisions on significant financial support and access to technology; and these issues are addressed in the treaties. Similarly, during negotiations over the adoption of the Agreement on Trade Related aspects of Intellectual Property Rights (TRIPS Agreement) under the World Trade Organisation, a compromise was reached among the countries through a combination of concessions and commitments on the part of the developed countries. It was expected by the developing countries that the LDCs would receive adequate financial and technical cooperation from the developed countries to be able to develop a sustainable technological base in their respective countries. These promises and commitments have yet to be fulfilled. However, a clear gap remains concerning the legal obligations of the developed countries to facilitate access and transfer of climate technologies to the LDCs under the UNFCCC and the Paris Agreement. In addition to inadequate technology transfer, the developing countries and the LDCs claim that international intellectual property (IP) rules are a barrier to technology transfer and need to be relaxed. The debate over technology transfer and the role of IP has not been resolved. 

 This study explores a middle ground by interpreting and clarifying the provisions of the Paris Agreement and the TRIPS Agreement from a coherent perspective considering the climate change induced vulnerability of the LDCs, and by proposing potential alternatives to close the gaps in existing mechanisms for facilitating access and transfer of technology to the LDCs. While acknowledging climate change as a multidisciplinary subject, this study uses a legal dogmatic approach and a case study as part of the methodology to examine relevant legal provisions under the UNFCCC, Paris Agreement and the TRIPS Agreement to identify potential weakness, if any, and to make the legal frameworks more meaningful. To that end, the study makes a number of recommendations, for instance on institutional developments; the technology, financial and sustainable development mechanisms; the submission of integrated nationally determined contributions; and clarifications under the TRIPs Agreement with respect to climate change.