Role of Intellectual Property Rights on Reduction of Climate Change

Document Type : Original Article from Result of Thesis

Authors

1 PhD, Student of International Law, Department of Law, University of Payam e Noor, Tehran. Iran.

2 Assistant Prof. at Department of Law, University of Payam e Noor, Tehran. Iran.

Abstract

International intellectual property (IP) regimes play a critical role in climate change management and control. Meanwhile, both developed and developing countries share a high level of responsibility for reducing greenhouse gas emissions and the negative effects of global warming. The main point of contention in international negotiations is the role and impact of IP, specifically patents, in the development and expansion of environmentally friendly technologies and the reduction of negative effects on global warming. In developed countries, IP encourages green innovations and is an effective prerequisite in the development and transfer of technology; however, in developing countries, IP and the monopolistic behavior of its owners is a huge impediment to receiving green technologies. In this regard, the study's main question was: "What is the position of international IP regimes that play a key role in climate change?” This descriptive-analytical study used a desk study and data from reputable online sources to compile its findings. The findings indicated that IP systems have the potential to provide positive results and demand for the public good due to increased influence at international regimes, which is the subject of ongoing and extensive diplomatic negotiations and cooperation in international meetings, as well as on a practical level in the context of private companies.

Highlights

Introduction

International intellectual property (IP) regimes play a critical role in climate change management and control. Meanwhile, both developed and developing countries share a high level of responsibility for reducing greenhouse gas emissions and the negative effects of global warming. In developing countries, IP and the monopolistic behavior of its owners is a huge impediment to receiving green technologies. In this regard, the study's main question was: "What is the position of international IP regimes that play a key role in climate change?”  

Humans all over the world share a common concern for environmental protection. International initiatives in the implementation of international environmental rights have resulted in the development of international environmental rights. The main environmental issues include ozone depletion, climate change, air, water, and soil pollution, biodiversity loss, deforestation, and desertification. These are the issues that have not only not been addressed with development and progress, but have actually increased dramatically in some cases, such as climate change. This emphasizes the importance of considering the role of international IP regimes in mitigating climate change.

International initiatives in the implementation of international environmental rights have resulted in the development of international environmental rights. Since the UN Framework Convention on Climate Change (UNFCCC) was drafted, attempts have been made to regulate an effective regime for reducing the effects of climate change. While emphasizing the negative effects of these changes, the Intergovernmental Panel on Climate Change (IPCC) and the United Nations Framework Convention on Climate Change (UNFCCC) see technology development as one of the primary solutions for reducing greenhouse gas emissions as a method of combating climate change. Thus, there is a strong link between the legal regime for intellectual property protection and the transfer of technologies that mitigate the effects of climate change. Climate change is caused by technologies; technologies that accelerated the industrial revolution and were protected by IP systems exacerbated the effects of greenhouse gases on the planet. The other side of the effects of technology on climate change is modifying destructive human effects on the Earth's atmosphere and reducing climate change through technologies, taking effective measures in mitigating climate change, and presenting appropriate policies for the implementation of green technologies in developed and developing countries.

IP promotes the development of a wide range of technologies, including green and environmentally friendly technologies. The study of global environmental policy is complicated and somewhat challenging. Each intellectual in the social sciences has taken a different approach to this problem. Environmental policy has been studied from various perspectives by jurists, political intellectuals, psychologists, and economists.

 

Methodology

This descriptive-analytical study used a desk study and data from reputable online sources, and it attempted to focus on the legal aspects of environmental research by emphasizing international IP regimes. The environment is a shared human legacy, and current international authorizations seek to establish a special legal order governing the conduct of states and international organizations, as well as hold potential violators accountable.   

This study investigated the role of international IP regimes in developing and expanding green technologies in order to expose disagreements about climate change, particularly between developed and developing countries, and to minimize such gaps in order to lay the groundwork for the development of environmental technologies and the sharing of responsibilities for the preservation of our common human legacy.

 

Findings and Results

The findings indicated that IP systems have the potential to provide positive results and demand for the public good due to increased influence at international regimes, which is the subject of ongoing and extensive diplomatic negotiations and cooperation in international meetings, as well as on a practical level in the context of private companies.

Efficient production and transfer of green and inexpensive energy, design of efficient new machines for personal use and industrial production, and invention of new farming methods capable of supplying human food without destroying the lands are all critical for the entire world. It is critical to establish a new mechanism for the equitable distribution of technologies between developed countries that have innovated the technology and developing countries that require those technologies. It is essential to establish a multipurpose international agency or organization that, in consultation with developing countries, classifies high-potential technologies whose transfer has been hampered by IP. Such an agency should examine proprietary rights and environmentally friendly and efficient technologies for the public and, once identified, issue mandatory licenses for the industrial players preferred by competent contractors, including private companies, similar to the pharmaceutical case of general pharmaceutical manufacturers who typically operate with lower profits.

States in both developed and developing countries may consider strategies and potential penalties for technology owners who engage in improper practices in order to prevent patent infringement, with a particular emphasis on the promotion and transfer of green technology. This necessitates a rethinking of patents and a focus on proactive measures for the efficient distribution of technological capability developed by businesses and research institutions.

There is a legal framework in place to facilitate international technological coordination. What has been overlooked is political willpower and the implementation of appropriate measures to create such an effective framework. However, in order to address current concerns about climate change, obviously much attention has been paid to IP and some other alternatives such as open-source systems, awards, and public-sector innovation.

 

Conclusion

Finding solutions to climate change has been the focus of extensive ongoing diplomatic negotiations and cooperation in international meetings, as well as on a practical level in the context of private companies. IP systems, without a doubt, have the potential to produce positive outcomes and demand for the public good. Nonetheless, the question of how to put IP's benefits to practical use through appropriate strategies and policies continues to be a challenge.

IP regimes in both developed and developing countries should be reformed and adapted to create incentives for innovative green activities and the transfer of related technologies, and on a larger scale, funding, organizing, and encouraging such innovations will increase their long-term formation, use, and transmission.

Keywords

Main Subjects

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