Document Type

Article

Publication Date

3-2024

Journal Title

International Review of Intellectual Property and Competition Law

ISSN

2195-0237

DOI

10.1007/s40319-024-01431-1

Abstract

It is old news that the world is facing growing environmental problems related to industrial manufacturing and waste management. Finally, consumers are demanding change due to the increasing threat of climate change, and industries are being forced to adapt. Repairing, reselling, upcycling, and recycling existing products are key activities to promote sustainability and a circular economy, but current intellectual property (IP) rules may stand in the way when these activities are not conducted by, or with the consent of IP owners. This opinion argues that IP cannot be used to prevent a greener and more sustainable economy. Instead, it needs to incentivize circular activities in the interest of everyone. New approaches, including bolder interpretation of existing limitations and exceptions, and adoption of new exceptions, are essential to rethink IP to support a sustainable future.

First Page

237

Last Page

248

Num Pages

12

Volume Number

55

Publisher

Max Planck Institute for Innovation and Competition

File Type

PDF

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