A Coherent Approach for EU Environmental Law and Intellectual Property Law to deliver Sustainability and the European Green Deal
2024 (English)In: Sustainable Energy: Still United in Diversity?: Integrating Energy, Climate and Environmental Law in Times of Geopolitical Instability, Groningen: Groningen Centre of Energy Law and Sustainability (GCELS) , 2024, p. 41-42Conference paper, Oral presentation with published abstract (Refereed)
Abstract [en]
The European Green Deal (EGD) is a roadmap to facilitate the transition of the European Union (EU) to become climate-neutral by 2050. Although the green deal has a strong legal basis out of the article 192 of the TFEU, the success of the EGD is subject to a complex legal process as soft law policy instruments need to be transformed into binding secondary legislation. Even this legal arrangement is dependent on varied legal competences such as exclusive, shared and supporting while allowing the member states procedural autonomy. This presentation investigates to what extent EU environmental law ready to deliver EGD particularly to reduce resource consumption and accelerate circular economy by promoting sustainable product design, reuse, re-sale and recycling. EU intellectual property (IP) law promote investment and innovation in new technologies, which are necessary for the sustainability transitions. However, EU environmental law and IP law have different justifications such as sustainability transitions is a core objectives of the EU environmental law whereas sustainability dimension has a little or no relevance in granting IP protection as it makes no distinction between polluted technology and sustainable technology.
This issue requires further research considering conflicting views and perspectives such as in one way EU environmental law promotes reuse, re-sale and recycling while IP law could become a hindrance to such reuse, re-sale and recycling without the permission of the original IP rights holder. This presentation intended to contribute by way of identifying possible means and ways to take a coherent approach between EU environmental law and IP law to facilitate sustainability transitions and deliver EGD with special reference to the sectors of vital importance such as energy sector.
• 3 statements for open the discussion with the public-
-European Green deal intends to accelerate circular economy and sustainable energy transitions.
-EU environmental law intends to reduce resource consumptions therefore promotes re-sale, re-use and recycling while Intellectual property law has no such directions.
-A coherent approach is necessary between EU environmental law and IP law to deliver sustainability and accelerate circular economy
Place, publisher, year, edition, pages
Groningen: Groningen Centre of Energy Law and Sustainability (GCELS) , 2024. p. 41-42
Keywords [en]
EU Law, European Green Deal, Sustainability, Circular Economy, Climate Change, Environmental Law, Climate Change Law, Intellectual Property law
National Category
Law
Research subject
Other research area; EcoJust -Ecologically and Socially Just Sustainability Transformations
Identifiers
URN: urn:nbn:se:sh:diva-56463OAI: oai:DiVA.org:sh-56463DiVA, id: diva2:1938288
Conference
11th European Environmental Law Forum Conference,28-30 August 2024
2025-02-172025-02-172025-02-19Bibliographically approved