6. Conclusion
This chapter has invited you to consider the relationship between protection of technology through IPRs and climate change. This can be shaped by the Australian Government’s obligations to implement international agreements that establish minimum standards for the protection of IPRs, but Australia also has international obligations to address the climate emergency. The role that IPRs can and should play in relation to efforts to respond to climate change is one that is currently being addressed through many different lenses and avenues. There is a myriad of ways in which the role of IPRs can address climate change issues, including fast-tracking patents, limiting the availability of patents or promoting new green patents, trade marks or design rights.
While the IP system more specifically has been attributed with being the driving force behind advancing and strengthening green technologies and innovations that could mitigate damage to the environment, it is equally acknowledged that IPRs are failing to strike the right balance between the interests of rights holders and of others seeking to access and use the subject matter of IPRs. There is much work to be done to ensure there is a stronger rights-based approach to IPRs, taking into account consumers’ rights, issues of open and fair competition and broader environmental considerations to realign IPRs to ensure that compliance with the UN SDGs and broader environmental goals can be achieved. The chapter has identified ways that IPRs can be beneficial to incentivising the development of technology that attempts to mitigate the impact of climate change and ways that IPRs can pose barriers to environmentally friendly technologies, product durability, repairability and climate advocacy. The exceptions, defences and limitations to enforcement of IPRs discussed in this chapter are highlighted as useful tools for a climate conscious lawyer to engage to limit the negative impact of IPRs on efforts to address climate change.
As more legislation is implemented that recognises the importance of environmental sustainability in Australia’s future, more attention needs to be given to the role that IPRs should play in supporting this green transformation. A climate conscious lawyer should continue to critically reflect on the role that IPRs and their limitations, exceptions and defences can play in ensuring new technologies can be used as a tool to address the climate emergency rather than exacerbate it.
