Patents and the Role of the Multilateral Fund

Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer are considering actions to phase down hydrofluorocarbons (HFCs) because of their contributions to climate change. One important issue raised by Article 5 Parties1 is the concern that patents on recently developed low-global warming alternatives could restrict access to or increase the costs of transitioning to these substitutes. This paper looks at how issues related to patents have previously impacted the phase-out of ozone-depleting substances by Article 5 Parties with a focus on the role played by the Protocol’s Multilateral Fund.