The ongoing COVID 19 pandemic though, tragic has resulted in a reduction in human activities leading to reduced pollution levels with previously depleting natural habitats appearing to be recovering, and the earth generally healing from mankind. This amongst many other observations has made it abundantly clear that there is a need to mitigate the harmful effects of human activities on the environment. As we celebrate environment day, we reflect on this year’s intellectual property day theme “Maximising Intellectual Property Protection for a Green Future”
Intellectual property has a significant role to play as it incentivises innovation by granting innovators exclusive economic and moral rights as either copyrights, Patents or designs (depending on what they are) over their works. Innovation and creation of eco-friendly alternative processes, equipment and methods through which we can continue to carry out our daily activities provide us with tools with which we can fight for the survival of our habitat. Inventions such as solar panels and electric cars are examples of such environmentally friendly creations.
These exclusive intellectual property rights enable innovators to profit from the use of their works and stop their usage (depending on the laws in their jurisdiction) if it is used in a manner that is not beneficial to the environment. It also balances the rights of innovators against what is in the public interest by permitting exemptions to their exclusive rights for purposes such as research or otherwise enabling others to exercise some or all of those exclusive rights where such use is beneficial and critical to all. A review of the Open source software licensing system illustrates this well. Numerous computer programs and applications have been developed based on the open-source system because of its access for all policy which encourages mass licensing and, therefore innovation.
Ultimately, for intellectual property to play its role in ensuring a green future, it must continue to remain dynamic, flexible and responsive to offer protection to new types of innovations which may be yet to be categorised due to their novel nature. There may also be a need to rethink the territoriality of Intellectual property law and the balance of the rights of innovators and creators against public interest as it applies to the protection and exploitation of eco-friendly innovation and creation.
