The Interface Between Intellectual Property and Sustainable Development

Abstract

Sustainable development has emerged as a key priority in the global agenda, and the intellectual property (IP) system has come to interact with it more closely. This has resulted in the emergence of a range of policy and legal issues that the IP system is still grappling with in relation to biodiversity, climate change and the diffusion of green technologies, food security, and the implementation of the Sustainable Development Goals (SDGs) more generally. In this regard, this chapter aims to provide an overview of how the interface between IP and sustainable development has evolved particularly at the international level. It examines how IP has been dealt with in key sustainable development fora and how sustainable development has been addressed in international IP settings. The chapter also points out some efforts and initiatives seeking to bridge the gap between the realms of sustainable development and IP. In addition, it considers several legal issues at this interface which require further research. The chapter finds that while there have been extensive multilateral discussions on this topic, they have not, in general, resulted in changes to existing international IP rules to accommodate sustainable development concerns. The United Nations 2030 Agenda for Sustainable Development can provide a space to advance this discussion through an inclusive dialogue which addresses the role of IPRs in sustainable development both in terms of promoting innovation and providing access to the fruits of such innovation. Such a dialogue which brings together a diversity of views and stakeholders could help foster a broader approach to IP in the sustainable development context.