Regulating intellectual property rights in times of societal crisis and technological change (2)

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.

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