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Responsible production and consumption (SDG 12) - a new emphasis for material lifespans in intellectual property rights regulation?

In: The Elgar Companion to Intellectual Property and the Sustainable Development Goals

Author

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  • Taina Pihlajarinne

Abstract

Due to the formulation of SDG 12 targets, the role of IP in SDG 12 is narrower that of their potential in terms of responsible production and consumption. However, IP regulation could contribute to SDG targets 12.2 and 12.5 by demolishing IP-based barriers for repair and reutilisation by creating a ‘sustainable lifespan’ principle. The key idea is that exclusivity would cover only acts beyond those whose genuine purpose is to maximise the lifespan of a product or material. However, this starting point should be balanced with the key interests of each type of IP. In this chapter, ideas for case-by-case interpretations are developed in the specific context of exhaustion of rights in the EU. Adoption of the principle would mean a new focus on tangible products and their lifespans in the IP context, indicating opposite and parallel development for a dematerialisation strategy trend in terms of rights and objects of rights.

Suggested Citation

  • Taina Pihlajarinne, 2024. "Responsible production and consumption (SDG 12) - a new emphasis for material lifespans in intellectual property rights regulation?," Chapters, in: Matthew Rimmer & Caroline B. Ncube & Bita Amani (ed.), The Elgar Companion to Intellectual Property and the Sustainable Development Goals, chapter 17, pages 398-414, Edward Elgar Publishing.
  • Handle: RePEc:elg:eechap:21663_17
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    File URL: https://www.elgaronline.com/doi/10.4337/9781803925233.00024
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