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This paper explores how intellectual property rights, particularly as formulated in the rules of the WTO, affect our ability to successfully address climate change. It was prepared for the seminar on Trade and Climate Change, June 18-20, 2008, in Copenhagen, co-hosted by the Government of Denmark, the German Marshall Fund of the United States and IISD. Maria Julia Olivia is lead author of this paper, produced under ICTSD's Global Platform on Linkages between Trade Policies, Climate Change and Sustainable Energy. Substantive contributions were received from Ricardo Meléndez-Ortiz, Pedro Roffe, Ahmed Abdel Latif and Moustapha Kamal Gueye to this paper. Content and editorial review was provided by several other ICTSD colleagues.