Abhishek Narayan, Dr. K.N. Modi University, Newai Rajasthan.
ABSTRACT
The relationship between intellectual property (IP) laws and environmental regulations presents a nuanced interplay that significantly impacts both innovation and sustainability. This chapter investigates how these two areas of law intersect, highlighting the benefits and challenges they present. IP laws, which provide exclusive rights to creators and innovators, and environmental laws, which aim to protect natural resources and foster sustainable development, each play critical roles but can sometimes conflict.
Historically, IP laws evolved to incentivize creativity and economic growth, starting with early patent systems and advancing through international agreements such as the Paris Convention. Conversely, environmental regulations emerged more recently in response to industrialization's ecological impact, with landmark legislation such as the National Environmental Policy act and the Kyoto Protocol establishing global environmental standards.
The chapter explores how IP rights can drive the advancement of green technologies, including renewable energy and pollution control systems. Examples like innovations in solar photovoltaic technology and the work of the Climate Technology Centre and Network (CTCN) demonstrate how IP mechanisms can aid in technology transfer and environmental management.
However, tensions arise when IP rights create barriers to accessing essential technologies, particularly in developing countries, and when issues such as bio piracy undermine biodiversity and indigenous rights. To address these issues, the chapter proposes several solutions: improving access through mechanisms like compulsory licensing, enhancing benefit-sharing in accordance with the Nagoya Protocol, and encouraging sustainable innovation with targeted incentives. This approach aims to align IP and environmental goals, supporting global efforts toward sustainable development.
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