Seminar on Intellectual Property, Sustainable Innovation, and the SDGs
Exploring the nexus of intellectual property and sustainable development
On 28 August 2024, the Centre of International Economic Law (NZCIEL), Principles for Responsible Management Education (PRME) initiative of Wellington School of Business and Government and the School of Accounting and Commercial Law at Te Herenga Waka—Victoria University of Wellington hosted a seminar on the intersection of intellectual property (IP) law and sustainable development.
The event brought together prominent scholars in the field: Professor Matthew Rimmer from Queensland University of Technology (QUT), Professor Susy Frankel FRSNZ from the Faculty of Law at Te Herenga Waka, and Professor Jessica Lai from the School of Accounting and Commercial Law. The seminar was chaired by A.Professor Christian Schott and served as a platform for critical discussions as well as a launch of a new book “The Elgar Companion to Intellectual Property and the Sustainable Development Goals” co-edited by Professor Rimmer, which explores the relationship between IP and the United Nations Sustainable Development Goals (SDGs).
The Book Launch: Matthew Rimmer’s Presentation
Professor Matthew Rimmer introduced the seminar by providing an overview of his latest collection co-edited with Professor Bita Amani and Professor Caroline Ncube. The book examines how IP rights can both drive and hinder progress toward the SDGs. Rimmer began by contextualising the historical and ongoing debates surrounding IP and sustainable development, tracing these discussions back to significant global events such as the 1987 Brundtland Report and the 1992 Earth Summit.
Rimmer’s collection is a comprehensive examination of the relationship between IP and the SDGs, with contributions from 33 scholars. The book covers various aspects of IP, including access to medicines, technology transfer, biodiversity protection, and the rights of Indigenous peoples. Rimmer highlighted the contributions of co-editors Professor Bita Amani and Professor Caroline Ncube, who respectively focused on human rights and inequality, and access to science and technology. He also noted the inclusion of a foreword by Christine Milne, former leader of the Australian Greens, who addressed the dangers of corporate greenwashing in the context of sustainability.
A particularly striking aspect of Rimmer’s presentation was his emphasis on the need for a more nuanced and conflict-aware approach to IP and sustainable development. While the World Intellectual Property Organization (WIPO) has traditionally promoted a harmonious view of the relationship between IP and innovation, Rimmer’s book challenges this narrative by presenting case studies that reveal significant tensions and conflicts. For example, Rimmer discussed the Myriad Genetics case, which highlights the ethical and legal dilemmas surrounding gene patents, and the ongoing challenges in achieving equitable access to essential medicines, particularly during global health crises like the COVID-19 pandemic.
Commentary: Susy Frankel’s Response on Technology Transfer and Climate Change
Following Rimmer’s presentation, Professor Susy Frankel provided a commentary focused on the collective action problems inherent in the global IP system, particularly in relation to technology transfer and knowledge access. Professor Frankel pointed out that international IP agreements lack a clear definition of development and technology transfer, leading to assumptions that IP rights inherently drive innovation and, by extension, development. However, Frankel argued that this assumption overlooks the potential for IP to impede development, especially in cases where exclusive rights restrict access to crucial technologies.
Professor Frankel used the example of COVID-19 to illustrate how the global IP system can fail to address urgent public health needs. Despite having various mechanisms for compulsory licensing, geopolitical pressures and legal complexities often prevent these tools from being effectively utilised. Frankel extended this critique to the realm of climate change, where the transfer of green technologies from developed to developing countries remains inadequate due to similar barriers.
She concluded by calling for an adequate evaluation of the role of IP in sustainable development, suggesting that more robust multilateral frameworks can still ensure that IP rights do not exacerbate inequalities or hinder progress on global challenges such as climate change.
Jessica Lai’s Perspective: Rethinking IP for Nature
Professor Jessica Lai offered a unique perspective by challenging the underlying assumptions of the IP system itself. While acknowledging the pervasive influence of IP on every aspect of life, Lai questioned whether the relentless pursuit of innovation — promoted by IP regimes — truly aligns with the goals of sustainability. Her chapter in Rimmer’s book proposes a radical rethinking of IP that considers not only the benefits to human society but also the impacts on nature.
Lai’s work explores the potential for IP to evolve beyond its traditional focus on rewarding human creativity and innovation. She suggested that a more holistic approach, which includes considerations for environmental stewardship and the intrinsic value of nature, could lead to a more sustainable IP regime. This shift in perspective could have profound implications for how technologies are developed, shared, and regulated on a global scale.
Q&A Session: SDG Index, Spillover Effects, and Innovation
The seminar concluded with a Q&A session, where the audience, both in-person and online, engaged with the speakers on various topics. Questions ranged from the practicalities of technology transfer in the context of climate action to the challenges of reconciling local and international approaches to IP law. One notable discussion centred on the spillover effects of IP policies, where the panellists emphasised the importance of considering how national IP strategies impact global sustainability efforts.
Matthew Rimmer addressed a question about the SDG Index and how it measures countries’ progress. Rimmer noted that European countries often rank highly, which is not suprising given all the various European Union initiatives in relation to climate change. Dr Christian Schott added that the methodology also highlights significant spillover effects, where the sustainability efforts of wealthier nations may inadvertently harm developing countries. This point underscored the need for a more equitable and inclusive approach to achieving the SDGs.
In response to another query about the causal relationship between strong IP laws and innovation, Susy Frankel and Jessica Lai provided nuanced views. They explained that while IP can drive innovation in certain sectors, such as pharmaceuticals, the relationship is not universally positive. Professor Lai emphasised that a strong IP regime might be necessary for a mature industry but could stifle emerging industries or local innovation efforts in less developed regions.
Summary
The launch of Matthew Rimmer’s book marks a significant contribution to the ongoing debate on the relationship between intellectual property, sustainable development, and the SDGs. It offers a critical examination of the assumptions underlying the global IP system, presents valuable insights and proposes pathways for reform. As the world grapples with the dual challenges of advancing innovation and ensuring sustainable development, the ideas presented in this seminar will undoubtedly play a crucial role in shaping future policies and practices.