"Above the radar: delivering integration" [2019] ELECD 2382; in Brown, E.L. Abbe (ed), "Intellectual Property, Climate Change and Technology" (Edward Elgar Publishing, 2019) 219

Book Title: Intellectual Property, Climate Change and Technology

Editor(s): Brown, E.L. Abbe

Publisher: Edward Elgar Publishing

Section: Chapter 7

Section Title: Above the radar: delivering integration

Number of pages: 46

Abstract/Description:

This chapter takes a more direct - though less immediate - approach to creating a new relationship between intellectual property and climate change. After considering and discounting new court rules and new courts (notably building on the National Green Tribunal in India), this chapter proposes substantive changes to existing national intellectual property and climate change legislation to deliver a more integrated framework. The chapter then creates new opportunities for courts to require sharing of IP rights if this is considered appropriate, irrespective of the starting point of the action. Finally, to reduce the prospect of conflicts continuing, this chapter proposes new processes for legislation and policy making to remove the barriers between fields of expertise and enable more holistic outcomes.