Regulating intellectual property rights in times of societal crisis and technological change

Abstract

Intellectual property (IP) rights are generally regarded as an essential instrument in the regulatory toolbox for stimulating knowledge and technology production and diffusion. The regulation of IP rights and its impact on innovation and the diffusion of new technologies are determinant for the way in which we can tackle fundamental societal problems such as climate change, food security, access to health and sustainable development. However, IP governance happens within a complex multilevel context. International organizations, such as the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO) are setting the scene. On the one hand, they create boundaries for regulatory experimentation to respond to societal challenges, as was shown by the heated political debates in the context of the WTO regarding the waiver of TRIPs obligations to ensure access to COVID-19 vaccines, medical treatments, diagnostic tests and other key technologies. On the other hand, they can create platforms for global engagement and match-making between technology holders and technology seekers, which can support wider global dissemination of for instance green technologies (see WIPO Green). National policymakers and IP offices are carefully navigating within these boundaries and are experimenting by tailoring their innovation and IP policies to safeguard a more resilient innovation ecosystem. The first paper focuses on the role of national and international IP Offices (IPOs) for the promotion of green innovation and green technology diffusion. The second paper shows how regulatory restrictions on genome editing in agricultural technologies may effectively have deep implications on food security. A third entry discusses the role of patents in the context of pharmaceutical innovation, showing how monopoly rights and regulatory exclusivities have translated into market domination. The last paper compares different regulatory approaches to promote geographical indications as a tool for local and sustainable development. The four papers start off from a legal doctrinal approach combined with a comparative perspective. They focus on regulatory experimentation, policy-making, new technologies and resilient ecosystems. The authors will also act as discussants for each other’s papers.

Title	Details
Roadmap of Regulatory Innovations by Intellectual Property Offices for the Governance of Green Innovation	View Paper Details
The patent governance for agricultural genome editing technologies in the United Kingdom, the European Union and Ukraine: the implications for global food security and sustainability	View Paper Details
American Pharmaceutical Access: A System that is not Designed for Patients	View Paper Details