Intellectual Property Law, Technology and Climate Change
Genevieve Wilkinson and Leanne Wiseman

This chapter explores a range of issues about the connections between climate change and intellectual property (‘IP’) and technology law. We focus on three areas where IP protection can impact climate concerns: incentives and access to green technology; waste and the right to repair; and climate protest. The aim is to help students broaden and deepen their understanding of the role that IP and technology law can play in addressing climate change.
KEY QUESTIONS
- How does IP incentivise the development of technology that addresses the impact of climate change? How does it restrict access to this technology?
- How can IP protection result in production processes and waste that negatively impact the climate?
- How can protection of IP impact advocacy about climate change?
CHAPTER OUTLINE
1. Introduction
2. The International Legal Framework for IP and Technology Law
2.1 Influence of International Law on Domestic IP Protection
2.2 Technology Law and International Influences
3. IPRs and the Move to a Greener Economyy
3.1 IPRs as an Incentive for Green Technology
3.2 IPRs as a Barrier to Green Innovation Access
4. Waste and the Right to Repair
4.1 The Right to Repair Movement
5. Climate Advocacy, Trade Marks and Copyright
6. Conclusion
The ability of everyone to have the ability to have their smart goods, machines and devices repaired at a competitive price using a repairer of their choice. This includes requiring products to be designed for repairability and spare parts, tools and information need to be accessible and affordable.