When we talk about Intellectual Property and Sustainable Development, there are 4 major intersections: the People, Planet, Economy, and Intellectual Property. These intersections are nothing but the 17 Sustainable development goals, popularly known as the SDGs, that are part of the 2023 Agenda for Sustainable Development adopted by the United Nations Members in 2015 that aimed at sharing and providing a blueprint for peace and prosperity for the people and plant in the present and for the future.
Intellectual Property (IP) is a key tool in achieving various goals, including poverty reduction, hunger reduction, health and well-being, education, gender equality, peace, and justice. It also contributes to the Sustainable Development Goals (SDGs) related to the environment, such as clean water, sanitation, climate action, and affordable energy. The development of IP can foster economic growth, innovation, workforce reduction, sustainable cities, and responsible consumption and production.
It is interesting to note that each of these SDGs seeks to answer how IP and innovation help in achieving the same. For instance, clean water and sanitation can be ensured through efficient water management systems that are driven by digitization by way of AI, remote sensing, etc.) similarly, zero hunger can be ensured through the backing of IP rights, which will incentivize innovation, investment, and knowledge transfer within the farming and food sectors.
IP: Tool for Promotion of Innovation
The UN’s 2030 Agenda for Sustainable Development, adopted in 2015, aims to promote global sustainable development but often excludes intellectual property (IPR) due to the challenges in establishing standards and practical meaning. To achieve the SDGs, IPR should be flexible, including mandatory licensing, exclusions from research for special cases, and protection of both conventional and contemporary knowledge systems. This adaptability is crucial for underdeveloped nations, allowing for greater diversity and innovation.
Well-crafted IPR policies can spur economic growth and innovation, helping achieve Sustainable Development Goals (SDGs), such as SDG 8 and SDG 9. However, excessive IPR protection can hinder innovation and competitiveness. Global collaboration and technology transfer are essential for promoting sustainable growth.
The UN Sustainable Development Goals and the technology for which patent protection is sought provide a unique perspective on the contribution of intellectual property to international sustainability initiatives. While some targets have more patent activity, goals with a socioeconomic focus have less. Cross-cutting technologies like blockchain support several objectives, providing a quantifiable understanding of the alignment between SDGs and patents.
Free Trade Agreements, IP, and Sustainable Development
FTAs formally acknowledge the concept of sustainable development; however, it is not specifically related to the IP chapter. For instance, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), one of the most recent deals, demonstrates this. In the Preamble and the development chapter, the CPTPP makes reference to sustainable development. 2017 saw the signing of the Agreement by Canada, Brunei, Australia, Vietnam, Singapore, Japan, Malaysia, Mexico, New Zealand, Peru, and Chile.
The CPTPP’s Chapter 23 on Development highlights:
The Agreement’s trade and investment opportunities may be utilized by the Parties to promote broad-based economic growth, which will support sustainable development and poverty alleviation, among other goals.
Certain components related to the interface between IP and sustainable development have been added in a number of free trade agreements. For example, disclosure obligations and biodiversity references have been combined.
Intersecting Paths: Intellectual Property’s Role in Sustainable Development
International talks on sustainable development have touched on the subject of intellectual property rights (IPRs), especially as it relates to the transfer of green technologies. Agenda 21 and the Convention on Biological Diversity (CBD) addressed intellectual property rights (IPRs), and the 1992 Earth Summit was centered on promoting ecologically sound technology (ESTs) to developing nations. But the US ratified Agenda 21 and the CBD because of the contentious references to intellectual property rights. Industrialized nations have grown to be increasingly uncomfortable with the idea that intellectual property rights could impede technology transfer.
IPRs and the transfer of climate technology are a contentious topic in the context of climate change. While some poor nations contend that IPRs might impede widespread diffusion and affordable access, others see IPRs as crucial to innovation. Additionally, the 2030 Agenda for Sustainable Development generally ignores intellectual property.
Sustainable development is discussed in international agreements like WTO and WIPO, pillars of the global IP system. IP clauses in free-trade agreements have become crucial for global IP governance. Since its founding, the Council on Trade-relevant Aspects of IP Rights (TRIPS Council) has held extensive debates on topics relevant to sustainable development, including biodiversity, public health, and climate change. The Doha Declaration on the TRIPS Agreement and Public Health (2001) represented a consensus on intellectual property and public health. Inconclusive arguments have persisted in other sectors, nevertheless.
WIPO’s IGC, established in 2000, focuses on Traditional Knowledge (TK) and Genetic Resources (GRs) for sustainable development. The current mandate is to finalize an international legal instrument to protect GRs, TK, and traditional cultural expressions. However, the scope of protection and rights remain complex, and the proposal to include an obligation for patent applicants to disclose GR country of origin has hindered consensus among Member States.
Bridging the gap between Sustainable Development and Future Innovations
Initiatives from nations, civic society, and IP institutions aim to bridge the gap between intellectual property and sustainable development, similar to biodiversity clauses in free trade agreements. These initiatives acknowledge sustainable development issues within the IP system.
The International Centre for Trade and Sustainable Development (ICTSD), established in 1995, is a non-governmental organization that plays a significant role in the discussion of intellectual property and sustainable development. It focuses on promoting equitable intellectual property laws, emerging technologies, and technology transfer while also addressing issues like climate change, food, agriculture, traditional knowledge, health, and access to information.
As one of the first organizations to elaborate on the connections between intellectual property rights and sustainable development, the ICTSD worked to operationalize sustainable development in international agreements pertaining to innovation and IPRs. It released numerous books, research papers, and discussion papers on a range of subjects, such as health, nutrition, technology transfer, Green Revolutions and Traditional Knowledge, GRs, and the effects of the TRIPS Agreement on developing nations.
Institutions devoted to intellectual property have also attempted to tackle issues related to sustainable development, especially the urgent need to hasten the adoption of green technologies. Nevertheless, the larger problems brought up in the policy discussion on intellectual property and sustainable development are not addressed by these programs and instruments, which often function within the preexisting logic, regulations, and procedures of the IP system.
Conclusion
Intellectual Property (IP) and Sustainable Development Goals (SDGs) intersect on a global scale, addressing issues like economic growth, innovation, environmental sustainability, and social fairness. By utilizing flexible IP regimes, international collaboration, and technology transfer, nations can achieve SDGs while supporting creativity and innovation. However, balancing universal access to technology with IP protection remains a challenge. Initiatives like the International Centre for Trade and Sustainable Development highlight the importance of addressing these issues. Collaboration between legislators, industry stakeholders, and civil society is crucial to bridge the gap between IP and sustainable development. Inclusive and flexible policies are essential for achieving transformative potential.
*Written by Gayathri S, Legal Intern @Intepat IP