128612 - Intergenerational justice a framework for addressing intellectual property rights and climate change.pdf (786.97 kB)
Intergenerational justice: a framework for addressing intellectual property rights and climate change
chapterposted on 2023-05-24, 05:51 authored by Heather ForrestHeather Forrest, Peter LawrencePeter Lawrence
Is there a conflict between intergenerational justice and the current global system of intellectual property (IP) rights to the extent that it acts as a hindrance to climate change mitigation and adaptation efforts? Addressing the potential for conflict between the intellectual property system and intergenerational justice depends on the role played by intellectual property in technology development and diffusion. It also depends on what role property rights have within a theory of intergenerational justice. We argue for a theory of intergenerational justice based on core human rights to life, subsistence and health and a notion of equality. A right to property (which includes intellectual property) is best seen as a vehicle for securing these core rights. We argue that both intergenerational and international justice are crucial in making more explicit the normative elements embedded in public policy-related arguments made in relation to intellectual property and climate change.
Publication titleIntellectual Property and Clean Energy: The Paris Agreement and Climate Justice
Department/SchoolFaculty of Law
Place of publicationSwitzerland
Rights statementCopyright 2018 Springer Nature Singapore Pte Ltd.