Sustentabilidade e inovação: um estudo sobre o incentivo e a difusão das patentes verdes

Abstract

Contemporary society is characterized by risks, especially related to the environment, caused by the modernization and development of industrial society. The climate and environmental crisis permeates humanity and creates a sense of urgency for solutions that can mitigate its effects and promote sustainability. In this scenario, eco-innovations can point to a new way of building a green economy, and intellectual property is a driving force behind this transition. Using a qualitative approach and bibliographical and documentary research in books, scientific articles, monographs, reports, news, international treaties and national and foreign legislation, this paper focuses on green patents and the ways in which they are encouraged and promoted. The main green patent fast-track programs implemented in the United Kingdom, the United States, Japan, South Korea, Australia, Israel, Canada, Brazil, China and Taiwan are analyzed. These programs have been implemented with the support of the World Intellectual Property Organization and grant priority processing to technologies that benefit the environment, significantly reducing the time it takes to grant patents. In addition, other ways to promote the development and transfer of green technologies will be explored, such as financial assistance, voluntary and compulsory licensing, non-granting of patents that degrade the environment, joint eco-patents, and humanitarian licensing, also taking into account the inequalities between the devolved and developing countries. Finally, it suggests ways to improve the application of these measures in order to advance the search for sustainable development and the guarantee of the right to a balanced environment.