Intellectual Property, Human Rights and Climate Change

The complex relationship between intellectual property (IP) and human rights is well explored throughout this established and respected collection. A key theme is the extent to which a human rights approach to IP law – both internally and externally – may deliver change. Such change could enhance the positive contribution of IP to encouraging innovation and creativity and to addressing societal challenges, while also limiting the less positive consequences of restricting the short-term innovation and creativity of others. In arguing for a new approach to this balance, attention has been paid to access to medicines and to food security. In these spaces, there may be only one relevant medicine or type of seed to address particular circumstances, and solving the problem is almost invariably accepted as necessary – the challenge is how to do so without losing the benefits of IP and also while meeting the obligations of the present international legal framework (the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) which is part of the WTO Agreement). Climate change – a key societal challenge – has long fascinated this author because it appeared to raise a different issue.