reflection on the relationship between intellectual property law and environmental law

نویسندگان

علی مشهدی

استادیار گروه حقوق عمومی و بین الملل دانشکدۀ حقوق دانشگاه قم میترا محتشمی

دانش آموخته کارشناسی ارشد حقوق مالکیت فکری، دانشکدۀ حقوق دانشگاه قم

چکیده

this paper examines the relationship between environmental law and intellectual property law in light of international documents and procedures. the key question raised here is the role of intellectual property law in conservation of global environment. in this regard, we can express two general approaches: the neutral theory of intellectual property right and the systemic theory of intellectual property right. transfer of environmentally friendly technologies, protection of traditional knowledge in preservation of environment, and protection of less polluting innovation and works are areas which challenge the neutral theory. the fundamental assumption of this paper is based on the principle that environmental aspects of intellectual property rights show that these two areas of law move towards greater convergence. this matter is under influence of environmental concerns in contemporary legal systems. necessity of attention to environmental considerations in the identification of intellectual property rights is the most important finding of this study.

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