Intellectual Property is Getting Greener

This article was included in our Winter 2009/10 edition of Inside IP.

In many ways, green is the colour of the year.  The World Intellectual Property Day this year, on 26 April, focussed on ‘green innovation', and sent green ripples around the globe.  Even before World IP Day the UK Intellectual Property Office had launched a so-called “green channel” (see John Chettle’s article, right), through which patent applications relating to environmentally friendly technologies could be given priority in the UK patent system.  The Korean Patent Office has now launched a similar innovation.  The European patent office has not done the same thing but on World IP day they launched an initiative (along with the United Nations Environment Programme and the International Centre for Trade and Sustainable Development) to examine the role of patents in the development and transfer of environmentally sound technologies, in particular in the field of energy generation.  "The IP system is essential for the development and effective dissemination of the new technologies that will be needed to address climate change," said EPO President Alison Brimelow.  "We need to ensure that the IP system promotes, rather than hamstrings, the transfer of environmentally-friendly technology.  We are looking at how the patent system should be designed to meet the needs of innovators in the field of eco-innovation" she added, before linking the initiative to the EPO’s current push for improved patent quality.

On a related note, some have suggested that intellectual property rights be weakened for inventions relating to green technology, arguing that IP rights would block the use of technology that has a positive environmental impact.  The obvious counter argument is that IP encourages research and development, and that without IP (particularly patents) to protect the fruits of research, less technological progress will be made.  We were pleased to see the US House of Representatives’ June vote in opposition to any global climate change treaty that weakens the intellectual property rights of green technology, and expect that other governments will hold the same position should they be tested.

Venner Shipley continues to make improvements in reducing the environmental impact of our operations, and through a donation to Climate Care is now carbon neutral for the fifth year running.  For the environmentally responsible organisation, Venner Shipley is the IP services supplier of choice.

Paul Derry 05 Nov 2009

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