The Elgar Companion to Intellectual Property and the Sustainable Development Goals


The Elgar Companion to Intellectual Property and the Sustainable Development Goals

9781803925226 Edward Elgar Publishing
Edited by Bita Amani, Associate Professor of Law, Faculty of Law, Queen''s University, Canada, Caroline B. Ncube, Professor and the DSI/NRF SARChI Research Chair in Intellectual Property, Innovation and Development, Department of Commercial Law, University of Cape Town, South Africa and Matthew Rimmer, Professor of Intellectual Property and Innovation Law, Faculty of Business and Law, Queensland University of Technology (QUT), Australia
Publication Date: 2024 ISBN: 978 1 80392 522 6 Extent: 702 pp
Complex geopolitical debate surrounds the role of intellectual property (IP) in advancing and achieving the UN’s Sustainable Development Goals (SDGs). Summarising and advancing this discourse, this prescient Companion is a thorough examination of how IP law interacts, influences and impacts each of the seventeen SDGs.

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Critical Acclaim
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Complex geopolitical debate surrounds the role of intellectual property (IP) in advancing and achieving the UN’s Sustainable Development Goals (SDGs). Summarising and advancing this discourse, this prescient Companion is a thorough examination of how IP law interacts, influences and impacts each of the seventeen SDGs.

This comprehensive Companion brings together an array of leading international experts to assess and interrogate how IP law impacts each specific SDG in turn. Providing in-depth analysis and invaluable insight, chapters explore IP’s role in ending poverty and inequality, improving food security, ensuring a sustainable environment, better regulating gene patents, and supporting health and well-being through access to medicines. This Companion deftly explores a variety of models of technology transfer and diffusion. Ultimately, the book provides a realistic overview of current progress towards the SDGs and a blueprint to reform IP institutions, agreements and laws to achieve a more sustainable future.

The Elgar Companion to Intellectual Property and the Sustainable Development Goals will be an essential resource for academics, researchers, regulators and policymakers interested in the unique intersection between IP law and sustainable development. It will also prove a highly informative read for researchers specialising in development studies, as well as legal practitioners working in private law, public law, technology law, comparative law and international law.
Critical Acclaim
‘This volume makes an important intervention in the debate about sustainable development and the role of intellectual property in achieving a better future for everyone.’
– Jocelyn Bosse, IPkat blog

‘Intellectual property rights have major implications for every one of the Sustainable Development Goals. This excellent interdisciplinary volume containing top-quality contributions from established IP scholars and rising stars from Global South and North offers by far the most comprehensive and diverse coverage on a vital but hugely complex field. Essential reading for all those who care about the state of Planet Earth.’
– Uma Suthersanen, Queen Mary University of London, UK

‘A thoughtful and foundational work by seasoned scholars and development practitioners, offering wide-ranging analyses of the complex role of intellectual property rights (IPRs) in economic development and human capital formation. It is a rich contribution to the global debate over the role of IP in economic, social, and cultural development, providing critical exploration of the socio-legal and policy implications of the SDGs in relation to IP norms that arguably impede welfare gains for the most vulnerable members of our global society. The volume outlines policy tools to help catalyze IPR reform and presents innovation tradeoffs that are at stake in advancing implementation of the SDGs; it presents diverse theoretical perspectives on the competing claims and demands for a global IPR system that facilitates innovation pathways supportive of human flourishing. Combining history, law, economics and political economy, the contributions in this volume collectively are analytic, informative, and compelling.’
– Ruth L. Okediji, Harvard Law School, US

‘Our common future depends urgently on prioritizing community well-being over destructive rent-seeking. Addressing this enormous challenge, this book dares us to re-align intellectual property’s purposes with each of the UN Sustainable Development Goals, hopefully to maximize the flourishing of the broadest array of living beings—and indeed of Earth itself.’
– Margaret Chon, Seattle University School of Law, US

‘The Sustainable Development Goals have become a key framework to assess the impact of national policies and international regimes. This book fills an important gap and is unique in assessing, with original research by leading scholars, intellectual property in the context of such Goals. Not only academics but policy makers will benefit from reading this book.’
– Carlos Correa, The South Centre, Switzerland
Contributors include: Muhammad Zaheer Abbas, Titilayo Adebola, Bita Amani, Chelsea Bodimeade, Gabriele Cifrodelli, Jorge L. Contreras, Carys J. Craig, Felicity Deane, Artha Dermawan, Paul Harpur, Md. Saiful Karim, Guido Noto La Diega, Jessica C. Lai, Simon Lumsden, Faith O. Majekolagbe, S. Ali Malik, Christine Milne, Caroline B Ncube, Lonias Ndlovu, Emmanuel Kolawole Oke, Desmond Oriakhogba, J. Janewa Osei-Tutu, Taina Pihlajarinne, Miri (Margaret) Raven, Matthew Rimmer, Daniel F Robinson, Sharon K. Sandeen, Krishna Ravi Srinivas, Michael Ashley Stein, Myra Tawfik, Natasha Tusikov, Md. Mahatab Uddin, Marcia Valiante, Peter K. Yu 

Foreword: Our Future Commons xvi
Christine Milne AO
Introduction: ‘The people’s agenda’: a history of intellectual property and
sustainable development 1
Bita Amani, Caroline B. Ncube and Matthew Rimmer
1 Intellectual property’s role in eliminating poverty: SDG 1 37
J. Janewa Osei-Tutu
2 SDG 2: Zero hunger, food and plant-related intellectual property, and
access to plant genetic resources 50
S. Ali Malik
3 The tobacco endgame: intellectual property, human rights, and
sustainable development 74
Matthew Rimmer
4 SDG 3b: Patent law and access to medicines 107
Emmanuel Kolawole Oke
5 Genetic patents and the Sustainable Development Goals 124
Jorge L. Contreras
6 Copyright, access to knowledge, and SDG 4 in Southern Africa 142
Desmond Oriakhogba and Lonias Ndlovu
7 Prioritising inclusion: the nexus of disability rights, Sustainable
Development Goals on education, and intellectual property interests 175
Paul Harpur and Michael Ashley Stein
8 Intellectual property and gender inequality: towards sustainable
development—or sustaining the status quo? 198
Carys J. Craig
9 Intellectual property’s other: a new social–natural contract for the
advancement of access to clean water and sanitation 224
Jessica C. Lai
10 Renewable energy technology and intellectual property rights: global
public goods 243
Felicity Deane and Chelsea Bodimeade
11 Economic growth requires idea generators 262
Sharon K. Sandeen
12 SDG 9: Innovation, intellectual property and gender equity 281
Myra Tawfik and Marcia Valiante
13 Sustainable patent governance of artificial intelligence: recalibrating the
European Patent System to foster innovation (SDG 9) 299
Guido Noto La Diega, Gabriele Cifrodelli and Artha Dermawan
14 Open prosthetics: intellectual property, 3D printing, medical innovation,
and sustainable development 323
Matthew Rimmer
15 Some more equal than others: critical contexts for the (false) promises
of intellectual property rights 350
Bita Amani
16 Greener cities: intellectual property and data in sustainable smart cities 376
Natasha Tusikov
17 Responsible production and consumption (SDG 12) – a new emphasis
for material lifespans in intellectual property rights regulation? 398
Taina Pihlajarinne
18 SDG 13 and intellectual property rights: a complex conundrum 415
Krishna Ravi Srinivas
19 SDG 14, ocean sustainability and transfer of marine technology: the
role of UNCLOS and international intellectual property law 438
Md Mahatab Uddin and Md Saiful Karim
20 Epistemic injustice: intellectual property, biodiversity and traditional
knowledge 458
Daniel F. Robinson, Miri (Margaret) Raven and Simon Lumsden
21 The role of the World Intellectual Property Organization in the United
Nations’ Sustainable Development Agenda 481
Faith O. Majekolagbe
22 Branding as a tool to promote geographical indication exports and
sustainable development in Africa 499
Titilayo Adebola
23 Access to science, technology, and innovation: intellectual property,
human rights, and sustainable development 522
Caroline B. Ncube
24 Intellectual property, foreign investment and sustainable development 537
Peter K. Yu
25 The COVID-19 crisis: intellectual property and sustainable
development during the pandemic 559
Muhammad Zaheer Abbas
Conclusion: ‘Blueprints for a better world’: the future of intellectual property
and sustainable development 582
Bita Amani, Caroline B. Ncube and Matthew Rimmer
Coda: Blue sky solutions: a transformative vision for the 2030 Agenda 611
Bita Amani, Caroline B. Ncube and Matthew Rimmer
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