Intellectual Property and Sustainable Markets
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Intellectual Property and Sustainable Markets

9781789901344 Edward Elgar Publishing
Edited by Ole-Andreas Rognstad, Professor of Law, Department of Private Law and Centre for European Law and Inger B. Ørstavik, Professor of Law, Department of Private Law and Centre for European Law, University of Oslo, Norway
Publication Date: 2021 ISBN: 978 1 78990 134 4 Extent: 256 pp
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.

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Critical Acclaim
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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 authoritative book provides an in-depth analysis of the multi-faceted interface between this core objective and the SDGs.

Chapters analyse selected interrelations between IP law and other areas of law, including energy and financial law. Contributors explore the dimension of social development through timely examples such as the global solar photovoltaic market, the trend towards reusing and recycling, and the digital distribution of news services. This thought-provoking book argues for sustainable markets as an overreaching and contextual approach to the role of IP rights in tackling the challenges of the UN SDGs.

Taking a market-based approach to IP rights and the SDGs, this engaging book will be of value to students and scholars of intellectual property and environmental law, as well as policymakers, practitioners and NGOs concerned with corporate social and environmental responsibility.
Critical Acclaim
‘This is an excellent book which explores an important issue for scholarship and society. The editors have drawn together high-quality scholars from a diverse range of geographical and legal disciplinary backgrounds. They have delivered a work which crosses silos and engages directly with the cultural, commercial, market-based and technological elements with which intellectual property and sustainability are entwined. The contributions are of individual significance and the work as a whole will be of interest to scholars, policymakers and industry as they develop their future paths to combining and delivering the key goals of sustainability, sustainable development and appropriate protection for IP.’
– Abbe Brown, University of Aberdeen, UK

‘Ole-Andreas Rognstad and Inger B. Ørstavik’s edited volume on IP and sustainable markets makes a timely and important contribution to the growing literature on the intersection of intellectual property and sustainable development. The chapter authors are all highly regarded experts in their fields, ranging from international environmental and intellectual property law treaties to domestic legislation. Their practical recommendations would, if adopted, result in welcome changes to our current international sustainable development infrastructure.’
– Joshua Sarnoff, DePaul University, US

‘This clear-sighted book on intellectual property and sustainable development provides a road map for a transition to a circular economy. The research explores the role of international institutions such as the WIPO, WTO and WHO in the realization of the United Nations Sustainable Development Goals. This research highlights the nexus between intellectual property and environmental policies in respect of clean energy, climate change and sustainable development.’
– Matthew Rimmer, Queensland University of Technology, Australia
Contributors
Contributors: C. Banet, J. Denoncourt, J.B. Eisen, D.J. Gervais, H.M. Haugen, I.B. Ørstavik, K.J. Osenga, T. Pilhajarinne, O.-A. Rognstad, P.K. Yu


Contents
Contents:

1 Intellectual property and sustainable markets: introduction 1
Ole-Andreas Rognstad and Inger B. Ørstavik
2 Why are intellectual property rights hardly visible in the
United Nations Sustainable Development Goals? 12
Hans Morten Haugen
3 Realigning TRIPS-plus negotiations with UN Sustainable
Development Goals 38
Peter K. Yu
4 Disrupted creativity: cultural sustainability in peril 63
Daniel J. Gervais
5 Repairing and re-using from an exclusive rights
perspective: towards sustainable lifespan as part of a new normal? 81
Taina Pihlajarinne
6 Revisiting the concept of ‘trade mark piracy’ in light
of sustainable development goals: a discussion of the
Norwegian ‘Apple Case’ 101
Ole-Andreas Rognstad
7 A modern role for intellectual property rights in sustainable
finance, prudential banking and capital adequacy regulation 115
Janice Denoncourt
8 Intellectual property rights, technology development and
market dynamics in the renewable energy sector 158
Inger B. Ørstavik
9 Smart Grid standards development and patent protection
in the United States: striking the balance between dramatic
overhaul of the electric grid and encouragement of innovation 188
Joel B. Eisen and Kristen Jakobsen Osenga
10 The treatment of intellectual property rights in open
innovation models: new business models for the energy transition 207
Catherine Banet

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