The webinar discusses the intersection of intellectual property (IP) and sustainability, particularly in the circular economy, which challenges the traditional “take-make-waste” linear model by promoting resource efficiency, extended product lifecycles, and waste reduction. It highlights that the IP discourse lacks sustainability integration and aims to bridge this gap by using IP to support sustainable practices. It contributes insights on IP’s potential role in supporting a circular economy, emphasizing the need for an IP framework that aligns with sustainable business models.

In the circular economy, IP could encourage innovation in sustainable manufacturing and distribution methods. However, IP laws can create obstacles, particularly around repair and refurbishment. The U.S. John Deere case, for example, involved IP claims to restrict access to diagnostic tools, impacting independent repairs and monopolizing maintenance services. Similarly, cases like Kodak and Lexmark illustrate the complex boundary between repair and reconstruction, where extensive refurbishments may infringe patent rights. While patents can incentivize innovation, they can also prevent third-party participation in the circular economy if they restrict repair or refurbishment practices.

The webinar emphasizes the need for IP laws that are adaptable to sustainability goals, suggesting stronger collaboration between the legal and business communities to come to grips with IP in the circular economy. Ultimately, the need for policy evolution must be stressed.