Download or read book Sustainability Objectives in Competition and Intellectual Property Law written by Pranvera Këllezi and published by Springer Nature. This book was released on 2024-01-13 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access volume of LIDC contributions focuses on how competition and intellectual property laws incorporate sustainability objectives. Businesses are increasingly embracing sustainability objectives, driven by the international community. Although competition and intellectual property law are certainly not the only tools for addressing sustainability issues, they can play a role in moving toward a more sustainable society. Sustainability has gained prominence in competition law in all jurisdictions covered in this volume. The contributions focus on classic questions such as whether sustainability agreements restrict competition and, if so, to what extent businesses can be exempted on efficiency grounds. The papers also raise a number of questions, in particular concerning the treatment of non-market efficiencies. The soft law and case law produced by competition authorities are examined, and the leadership role of some competition authorities in the field – from advocacy to policy papers and sustainability guidelines – is highlighted. The authors call for more individual guidance to provide enhanced transparency and clarity to industry, advisors and society at large on sustainability issues, with guidelines or sustainability-related block exemptions providing even greater legal certainty. With regard to intellectual property, the contributions examine various important issues, such as the need for intellectual property rights to remain technology-neutral, ways to promote the use of sustainable technologies and incentives for licensing, and ways to promote the dissemination of sustainable technologies, including compulsory licensing, cross-licensing, open source or FRAND licensing, and replacing the destruction of counterfeit goods with recycling. The papers also discuss greenwashing and how it can be addressed through revisions to trademarks and related rights.
Download or read book Intellectual Property and Sustainable Markets written by Rognstad, Ole-Andreas and published by Edward Elgar Publishing. This book was released on 2021-07-31 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discussing how intellectual property (IP) rights play a role in tackling the challenge of securing sustainable development, renowned scholars consider how the core objective of IP rights to promote innovation and development of new knowledge aligns with the UN Sustainable Development Goals (SDGs). This timely and thought-provoking book provides an in-depth analysis of the multi-faceted interface between this core objective and the SDGs and argues for sustainable markets as an overreaching and contextual approach to the role of IP rights in tackling the challenges of the UN SDGs.
Download or read book The Elgar Companion to Intellectual Property and the Sustainable Development Goals written by Matthew Rimmer and published by Edward Elgar Publishing. This book was released on 2024-02-12 with total page 703 pages. Available in PDF, EPUB and Kindle. Book excerpt: Complex geopolitical debate surrounds the role of intellectual property (IP) in advancing and achieving the UN’s Sustainable Development Goals (SDGs). Summarising and advancing this discourse, this prescient Companion is a thorough examination of how IP law interacts, influences and impacts each of the seventeen SDGs.
Download or read book Law and the Transition to Business Sustainability written by Daniel R. Cahoy and published by Springer. This book was released on 2014-06-30 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book expands on law-related research by examining the legal aspects of sustainability with a focus on the impact on business strategies. It recognizes that firms must adopt an integrated approach to law and sustainability, considering multiple disciplines and goals, and serve as a forum for bringing together scholarship from fields such as environmental law, energy, government regulation and intellectual property. Firms increasingly have an interest in transitioning to sustainable business practices that take into consideration the fact that global resources are finite and will be increasingly scarce. They acknowledge that current actions have social, economic and environmental consequences and employ options to ensure that future generations have the same options and benefits. Examples of sustainable practices increasingly employed by firms include the institutionalization of “whole life-cycle” analysis in marketing and product design, utilization of sustainable inputs and energy sources, tracking and reporting sustainability performance, attempting the valuation of future generation prosperity and happiness as a discounting mechanism, and integrating sustainability into firm culture and management goals. It is clear that law and regulation have an extremely important role to play in the transition to more sustainable business practices. Broadly stated, law can provide structure for firms responding to forces that pull transition by enabling sustainability leadership and competitive advantage through funding models, intellectual property rights and collaboration means. Additionally, law can work to push transition by compelling firms to act through regulatory structures, accounting and governance mechanisms.
Download or read book Intellectual Property Offices and Sustainable innovation written by World Intellectual Property Organization and published by WIPO. This book was released on 2023-03-28 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sustainable development, in its many manifestations, is of high and growing importance across the globe. Increasingly, governments are setting targets for sustainability improvements ranging from societal inclusiveness to carbon emission reductions; corporations are marketing their products and services by highlighting their ‘eco’ credentials; and consumers are basing buying decisions on sustainable criteria. As a United Nations (UN) agency, WIPO has an important role to play in the achievement of the UN’s sustainable development goals (SDGs). While the relationship between SDGs and WIPO’s activities may not be as clear-cut and obvious as, for example, those of the World Health Organization, which has clear responsibility for SDG 3 relating to good health and well-being, there are compelling reasons to believe that intellectual property (IP) systems can and should contribute to SDGs, and in doing so, can be more responsive to WIPO customer and societal needs. This study has been commissioned by WIPO Japan Office, in collaboration with WIPO’s Special Representative on the UN SDGs to identify examples of good practice among IP offices in supporting the achievement of SDGs. Using a combination of primary and secondary research (survey data and published materials), a cross-section of offices has been examined.
Download or read book Intellectual Property Protection and Sustainable Development written by Philippe Cullet and published by . This book was released on 2005 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Intellectual Property Rights in the Post Pandemic World written by Taina Pihlajarinne and published by Edward Elgar Publishing. This book was released on 2023-12-11 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: The drastic impact of the COVID-19 pandemic highlighted many of society’s systemic inequalities. In this timely and prescient book, Taina Pihlajarinne, Jukka Tapio Mähönen and Pratyush Nath Upreti explore the importance of intellectual property rights (IPRs) post pandemic and argue for a pressing revision of the current IPR system to build a more globally sustainable and just regime.
Download or read book Sustainable Development in World Trade Law written by Markus W. Gehring and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 778 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Johannesburg at the World Summit on Sustainable Development in 2002, over one hundred and eighty states assumed a collective responsibility to advance and strengthen the interdependent and mutually reinforcing pillars of sustainable development economic development, social development, an environmental protection at the local, national, regional and global levels. This remarkable collection of papers, sponsored by the Centre for International Sustainable Development Law (CISDL), demonstrates that sustainable development serves as a unifying concept with the potential to facilitate much-needed respect for international law and timely implementation of diverse and overlapping international commitments. It builds on the substance of a rich and complex debate at the intersections among economic, social, and environmental law, bringing together a broad cross-section of viewpoints and voices. The authors review recent developments in WTO discussions and negotiations, and in the recent decisions of the WTO Appellate Body, from a sustainable development law perspective. They also survey relevant new developments in trade and economic agreements at regional, inter-regional and bi-lateral levels. The various essays focus on sustainable development aspects of key issues in recent trade negotiations such as the Singapore Issues (investment, competition, trade facilitation, and government procurement), intellectual property rights, investment arbitration and the linkage between the WTO and multilateral environmental accords, (MEAand¿s).. Among the specific topics covered are the following: Emerging areas of law and policy in trade and sustainable development, The underlying development agendas in global trade law negotiations, Cooperation and potential negotiation on international competition law, Sustainable development aspects of intellectual property rights negotiations, Overlaps between multilateral environmental accords (MEAand¿s) and the WTO, Recent developments in WTO dispute settlement procedures and proceedings, Human rights and environmental opportunities from trade liberalisation and increased market acces, Human rights and environment impact assessment techniques used to analyse trade agreements, Recent developments in bi-lateral and regional trade agreements. Trade, investment, and competition law practitioners and negotiators in developed and developing countries will find this book of great value, as will development and environment law professionals with responsibility for trade and WTO law related matters. With rich contributions from leading trade law practitioners, academics, and WTO panel and appellate body roster members, Sustainable Developments in World Trade Law offers a constructive, timely and accessible expert analysis of recent discussions and advances in the field, providing an integrated and essential guide to some of the most important issues in international economic law today.
Download or read book Intellectual Property Rights and Competition in Standard Setting written by Valerio Torti and published by Routledge. This book was released on 2015-10-05 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition and intellectual property rights (IPRs) are both necessary for a market to work efficiently and to promote consumer welfare. Properly applied, intellectual property rules define a legal framework which allows undertakings to profit from their inventions. This in turn encourages competition among firms and enhances dynamic efficiency, to the benefit of consumer welfare. Standard setting represents one of the fields where the interaction between competition law and IPRs clearly comes to light. The collaborative goal of standard setting organizations (SSOs) is to adopt and promote standards that either do not conflict with anyone’s right or, if they do, are developed under condition that patents are licensed under defined terms. This book examines the tension between IPRs and competition in the standard setting field which can arise when innovators over-exploit the rights they have been granted and hold up an entire industry. The book compares EU and U.S. jurisdictions with a particular focus on the IT and telecommunication sectors. It scrutinizes those practices which could harm standard setting and its goals, looking at misleading conducts by SSOs’ members which may lead to breach the EU and U.S. antitrust provisions on abuse of market power. Recent developments in EU and U.S. standard setting are analysed highlighting the differences in enforcement approaches. The book considers how the optimal balance between IPRs and industry standards can be struck, suggesting a policy model which takes into account both innovators’ interests and SSOs’ goals.
Download or read book Sustainable Innovation written by Cosmina L. Voinea and published by Routledge. This book was released on 2021-04-13 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most important theme of the discourse on sustainable development and sustainability challenges concerns the relationship between innovation and sustainability. This book represents a realistic critical overview of the state of affairs of sustainable innovations, offering an accessible and comprehensive diagnostic point of reference for both the academic and practitioner worlds. In order for sustainable innovation to truly become mainstream practice in business it is necessary to find out how organizations can strategically and efficiently accommodate sustainability and innovation in such a manner that they accomplish value capturing (for firms, stakeholders, and for society), not merely creating a return on the social responsibility agenda. Addressing this challenge, the book draws together research from a range of perspectives in order to understand the potential shifts and barriers, benefits, and outcomes from all angles: inception, strategic process, and impact for companies and society. The book also delivers insights of (open) innovation in public sector organizations, which is not so much a process of invention as it is one of adoption and diffusion. It examines how the environmental pillar of the triple bottom line in private firms is often a by-product of thinking about the economic pillar, where cost reductions may be achieved through process innovation in terms of eliminating waste and reducing energy consumption. The impact of open innovation on process innovation, and sustainable process innovation in particular, is an underexplored area but is examined in this book. It also considers the role of the individual entrepreneur in bringing about sustainable innovation; entrepreneurs, their small- and medium-sized enterprises (SMEs), as well as the innovation ecosystems they build play a significant role in generating sustainable innovations where these smaller organizations are much more flexible than large organizations in targeting societal needs and challenges. The readership will incorporate PhD students and postgraduate researchers, as well as practitioners from organizational advisory fields.
Download or read book The General Exception Clauses of the TRIPS Agreement written by Edson Beas Rodrigues, Jr and published by Cambridge University Press. This book was released on 2012-04-12 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: The general exception clauses of the TRIPS Agreement of the World Trade Organization permit exceptions to copyrights and to the rights conferred by trademarks, industrial designs and patents. These clauses are intended to facilitate access to diverse forms of proprietary knowledge and therefore foster the interdependent pillars of sustainable development: economic progress, realization of human rights and the conservation of the environment. In this book, Edson Beas Rodrigues, Jr argues that the TRIPS Agreement, in its current configuration, does not hinder the establishment of exceptions to intellectual property rights, devised to promote vital socioeconomic interests such as the freedom to carry out creative and inventive activities, freedom of expression, the strengthening of free competition, and increased access to educational materials by underprivileged students and to technical knowledge for humanitarian purposes.
Download or read book Restrictions on the Right to Repair under IP Law Impacts on Achievement of Sustainability Goals written by Martin Gigoni and published by GRIN Verlag. This book was released on 2024-02-29 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Paper (postgraduate) from the year 2023 in the subject Law - European and International Law, Intellectual Properties, grade: 72, University of Kent, course: Contemporary Topics in IP Law, language: English, abstract: This Paper argues that the EU needs to adopt a harmonised policy framework promoting the right to repair and limiting manufacturers’ use of IPRs on software to restrict repair rights which ultimately impacts the achievement of sustainability goals. Part B begins with the origins of the right to repair movement and its significance. Part C discusses restrictions on repair rights, including the role of IPRs. Part D discusses how the EU legal framework recognises repair rights and contrasts this with the Australian approach. Part E discusses the suggestions of scholars on reforms to the EU legal framework to better tackle restrictions on repair rights. Modern electronics constitute not only the hardware in the device itself but also the embedded software that is critical to the device’s functionality. This software is usually pre-installed on the device by the manufacturer to run all its basic operations. This integration of software systems to devices, sometimes called the "softening of hardware", requires the intervention of intellectual property rights (IPRs) to delineate the blurry lines separating the device and its functional components in software. Consequently, manufacturers use IPRs on the embedded software to limit the consumer’s control over a device and effectively lock them out from doing basic repairs to restore functionality. These limitations discourage many consumers from pursuing repairs in favour of purchasing new devices and discarding the faulty ones. The result is a linear model of consumption and a throw away culture contributing to large amounts of electronics waste (e-waste) disposed worldwide. In 2019, consumer electronics comprised 54 million Metric Tons of e-waste, with Europe contributing 12 million Metric Tons. Worse still, the effects of e-waste pileups have for decades flowed downstream from developed to developing countries. In response, the European Union (EU) has focused on achieving a circular economy to reduce e-waste by extending the lifespan and usability of products through, inter alia, recognising the right to repair movement.
Download or read book Research Handbook on Sustainability and Competition Law written by Julian Nowag and published by Edward Elgar Publishing. This book was released on 2024-07-05 with total page 589 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This Research Handbook explores the complex interplay between competition law and sustainability, and also provides key insights into the role and limitations that tax, environmental laws, consumer laws, and social laws have in promoting sustainability. A distinguished array of international experts examine core principles of environmental and social sustainability, delve into the economic dynamics that shape this multidimensional relationship, and critically analyse how competition law and policy can both positively and negatively shape sustainability outcomes.
Download or read book Environmental Technologies Intellectual Property and Climate Change written by Abbe E. L. Brown and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many disciplines are relevant to combating climate change. This challenging book draws together legal, regulatory, geographic, industrial and professional perspectives and explores the role of technologies in addressing climate change through mitigation, adaptation and information gathering. It explores some key issues. Is intellectual property part of the solution, an obstacle to change or peripheral? Are there more important questions? Do they receive the attention they deserve? And from whom? This innovative book will play an important role in stimulating holistic discussion and action on an issue of key importance to society. Environmental Technologies, Intellectual Property and Climate Change will appeal strongly to scholars researching IP and climate change, as well as to a range of professionals including venture capitalists, practising lawyers working in IP, environmental and corporate finance law, activists within both climate change and human rights, and policymakers.
Download or read book Regulating Fair Competition Toward Sustainable Development Goals written by Shukor, Siti Fazilah Abdul and published by IGI Global. This book was released on 2023-12-29 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The necessity for the fundamental practice of regulating fair competition in a globalized world cannot be overstated. This promotes innovation, productivity, and serves as a safeguard against monopolies that could stifle progress. Regulating Fair Competition Toward Sustainable Development Goals is an insightful and comprehensive exploration of the vital link between competition law and policy and the United Nations' Sustainable Development Goals (SDGs). At its core, this book delves into the crucial role of fair competition in fostering innovation and driving economic growth. By encouraging corporations to continuously seek novel ideas and invest in research and development, fair competition paves the way for improved productivity and cost-effective production. Moreover, this legal framework stands as a bulwark against monopolies, which can suppress innovation, limit consumer choice, and escalate prices. The editors deftly elucidate the importance of competition law and policy in creating an open and fair marketplace that benefits consumers, businesses, and the environment. Bringing together a distinguished collection of academics and industry experts, this book delves into a broad spectrum of topics, including economy, environment, energy, technology, employment, business, and management. By examining various perspectives, the book offers a nuanced understanding of the implementations and limitations of competition law and policy in the context of sustainable development. This timely and significant volume caters to a diverse audience comprising academics, students, policy makers, and government and private research institutions. Furthermore, industry leaders and corporations will find valuable insights on how fair competition can foster sustainable development, making this book a must-read for those seeking to navigate the intersection of competition law and the SDGs.
Download or read book Intellectual Property Biodiversity and Sustainable Development written by Kok Peng Khor and published by Zed Books. This book was released on 2002-12 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property rights are a major source of controversy. Corporations are now patenting human genes, plants and other biological materials, many of which exist in nature or have been used for generations by farmers and indigenous peoples. Martin Khor examines the biopiracy phenomenon, its links to the TRIPS Agreement, and its various effects.
Download or read book Energy Law and the Sustainable Company written by Patricia Park and published by Routledge. This book was released on 2016-04-28 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: What kind of decision-making should multinationals engage in to create a sustainable company? There is substantial debate over why CEOs, senior management and Boards of Directors make the wrong decisions by not asking the right questions, with the result that not only is the company itself damaged, but all of the stakeholders find themselves at a detriment. Focusing on innovation, technology transfer and the use of intangible assets, Energy Law and the Sustainable Company features case studies from the oil and gas sector, to illustrate how to develop a sustainable business. Considering corporate social responsibility from the perspective of international and national law, the book demonstrates how companies can be both profitable and ethical using the influences of psychology to encourage senior decision makers to make the right decisions. It was revealed that reputation was the main principle influencing decision-making. The book also discusses how companies have reported on their sustainability strategy and considers how technology transfer and intangible assets may play a part in addressing global sustainability. This book should be invaluable reading to students and scholars of Sustainable Business, Business Law, Corporate Social Responsibility, Environmental and Energy Law as well as Environmental and Energy Management.