A STUDY ON THE INTERPLAY BETWEEN INTELLECTUAL PROPERTY, CLIMATE CHANGE AND ENVIRONMENTAL LAW

Abstract

The law relating to intellectual property promotes innovation and other human creations. Concomitantly, environmental law aims to protect the environment. Even though intellectual property rights are temporary grants given to the owner, IP has made a noteworthy contribution to addressing environmental issues. Erstwhile, the awareness of the environmental harm caused by a lot of the technology used in manufacturing, agriculture, and transportation has gained impetus, especially in the last twenty years. Other forms of technology, however, can lessen resource waste and reduce pollution. Therefore, the fundamental motto of intellectual property becomes extremely significant in attaining sustainable development. Sustainable development (SD) has environmental sustainability among the four of its pillar, which can be synergized through intellectual property. The relationship between the TRIPS agreement pertaining to intellectual property and environmental law is complex, but there are still deliberations over it. Simultaneously, the relationship among the WTO’s IP agreement and the (CBD) Convention on Biological Diversity has its focal point of in the Committee on Trade and Environment (CTE).
One fundamental principle of our economic system is that technological advancement is required to uphold and raise our standard of living, which involves the role of intellectual property and environmental law. Utilizing intellectual property to combat climate change is an area which needs to be promoted to achieve sustainable development. In this patents contribution is quintessential because more innovation will lead to saving resources and reduce pollution, though the issue of increased pollution levels due to innovation can’t be denied.
Use of intellectual property to enhance environmental protection, necessitates study into the connections between these two legal disciplines. This paper intends to identify the linkages, relationships, and lacuna between intellectual property and environmental law by adopting normative method of study.