چکیده:
Environmental law and intellectual property rights are two emerging areas in legal studies. However, the goals of these two areas may interact or conflict with each other in many ways. This article examines the relationship between intellectual property rights and environmental law. The fundamental question is what is the role of intellectual property rights in preserving the global environment? In this regard, we can mention two general approaches: the neutrality of the intellectual property rights system and the systemic theory of intellectual property rights. The transfer of environmentally friendly technologies (EST), the protection of traditional and indigenous knowledge in preserving the environment, and the support of less polluting works and innovations are areas that challenge the neutrality theory. The basic assumption of this article is based on the premise that the environmental dimensions of intellectual property rights indicate that these two areas of law are increasingly moving towards greater convergence. This is due to the increasing importance of environmental concerns in contemporary legal systems. The need to consider environmental considerations in the process of identifying intellectual property rights is the most important finding of this research.
خلاصه ماشینی:
At the level of interaction, four specific areas can be mentioned; firstly, in the field of supporting and transferring environmentally sound technologies, where intellectual property rights can help preserve the environment by effectively supporting these technologies.
Thus, the doctrine of neutrality of intellectual property rights in confronting the requirements of environmental protection, including the conditions contained in contracts for access to technology transfer and support for anti-environmental works, places them face to face.
” Discussions related to the connection between these two areas can be found in topics related to the protection of traditional knowledge, biodiversity conservation, biosafety, transfer of clean technologies, support for environmentally friendly works, protection of plant and animal genetic resources, and support for other intellectual, literary, artistic works and environmentally friendly inventions (See. Sadeghi & Shamsiri, 1389, p.
In other words, Identifying the intellectual property rights system paves the way for protecting biodiversity in the field of technology transfer and traditional knowledge preservation of the environment.
Each member state shall, as appropriate, adopt legislative, executive, or policy measures with the aim of ensuring that member states, especially developing countries that provide genetic resources, have access to technology and its transfer based on mutually agreed terms, including that the technology must be protected by patents and other intellectual property rights...
For example, the Convention on Biological Diversity emphasizes that technology transfer to developing countries should be committed to fair and favorable conditions, including preferential terms agreed upon by both parties in identifying potential intellectual property rights (Paragraph 2 of Article 16).
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