The road to Paris: Intellectual property, human rights, and climate justice

Abstract

As well as outlining the structure and organisation of the collection, this introduction seeks to contextualise the debate over intellectual property and climate change. As a foundation to the collection, it provides an overview of the negotiation, agreement, and implementation of the Paris Agreement 2015. It offers a literature review in respect of international climate law, human rights, and technology transfer. The introduction highlights key research and scholarship on intellectual property and environmentally sound technologies. It outlines the relevance of various disciplines of intellectual property to the debate over climate change. In particular, it looks at the role and function of patent law, trademark law, consumer law, design law, copyright law, trade secrets, open licensing, as well as plant breeders’ rights, access to genetic resources, and Indigenous knowledge. It examines climate litigation in the field of intellectual property. The introduction considers the scope for law reform to ensure that intellectual property laws are better adapted to promote substantial and meaningful action in respect of climate change. It also explores how innovation law and policy may best promote climate justice and human rights.