Articles for category: Intellectual Property and the Human Right to a Healthy Environment

Balancing Intellectual Property Protection with the Human Right to a Healthy Environment

This contribution examines the practical ways in which the human right to a healthy environment (HR2HE) can influence the development and interpretation of intellectual property (IP) laws. It focuses on two potential approaches to reconciling this human right with IP: (1) the so-called “internal” reconciliation approach, which essentially uses the HR2HE as an interpretive tool to recalibrate IP law’s own internal rules and mechanisms in a more sustainability-friendly direction, and (2) the “external” reconciliation approach, which views the HR2HE as an independent defence against IP infringement actions that can be invoked in courts to challenge allegations of IP infringement.

25. April 2025

Greenforcement of Intellectual Property Rights

The current practice of enforcement of intellectual property rights impacts the environment in many ways. There is increasing recognition of the pressing need for more human and environmentally friendly alternative remedies, such as donating goods to charity, removing infringing signs or parts, or disposing of the goods outside the EEA/EU. The question is whether and to what extent the legal framework leaves room for ecologically sustainable alternatives to disposing of and destroying IPR-infringing goods. 

24. April 2025

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Copyright Moral Rights Protection and Environmental Sustainability

When we talk about intellectual property (IP) and sustainability, we rarely pay attention to the moral rights of authors. However, it is important to assess these ‘authors-only’ rights in a world where copyright is often used as a tool to maximise corporate profits. In terms of sustainable development, moral rights can both promote and hinder environmental, social and cultural sustainability in the creative industries. However, their relationship with sustainable development is not straightforward. This blog post looks at some of the key issues that link the protection of moral rights in copyright to sustainable development and the circular economy.

22. April 2025

Greenifying Copyright

Upcycling has become one of the trendiest buzzwords for people with a sustainability-oriented mindset. While the term might refer to various forms of recollection, improvement and reuse of data or (raw) materials, this post adopts a narrower focus. It is limited solely to reviewing how upcycling might be approached from a copyright perspective.

18. April 2025

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Upcycling, the Ongoing Battle

In recent years, upcycling has seen a surge in popularity thanks to its positive impact on sustainability and the circular economy due to consumers’ increasing attention to the environment. As a result, individuals, artisans, and small companies have enthusiastically embraced the practice as a central part of their activities and a way to reduce waste. However, with fame often comes unwanted attention, and the growth of upcycling practices has led to various legal challenges against independent upcyclers based on the argument that their products violate intellectual property (IP) rights.

17. April 2025

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Fashion Upcycling and the Human Right to a Healthy Environment

With new collections each season, the fashion industry produces a highly problematic fashion garbage heap every year. Circular economy projects seeking to produce “new” garments by reworking second hand and unsold fashion items have particular societal value against this background. Evidently, legal solutions that support fashion reuse have particular relevance in the light of these goals.

15. April 2025

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Fast Fashion, Slow Transition

In the new ultra-fast fashion era, garment production cycles are accelerated to new heights, while the quality of the garments deteriorates. Key characteristics of the industry are its reliance on cheap manufacturing, overconsumption and short-lived garment use. This blog post will set out who is responsible for the protection of human rights from climate change within the textile industry. In a second step, this blog post aims to analyse the EU Strategy, focusing on the intersection between environmental and social rights in the textile industry.

12. April 2025

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The Struggle Is Now

The appeal to future generations as a means to legitimize climate litigation is growing. The idea of advocating for the rights of future generations is closely linked to the recognition of the human right to a healthy environment. However, this appeal – and the conceptual connection it entails –raises various questions. While protecting the planet for future generations is crucial, the legal invocation of future generations remains unclear and inconsistent.

10. April 2025

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The Human Right to a Healthy Environment from an EU Charter Perspective

Over the last five years, there has been a noticeable turn towards human rights in climate litigation. In the same period, European climate legislation has evolved into a considerable legal framework. This warrants the question of whether there has been a similar turn to human rights before the Court of Justice of the EU – especially as Article 37 of the EU Charter of Fundamental Rights consecrates the “principle” of environmental protection.

8. April 2025

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Why Recognizing the Right to a Healthy Environment Would Strengthen the Environmental Human Rights Framework under the European Convention on Human Rights

The ECtHR lacks a mandate for general measures aimed at redressing or preventing environmental harm as such. Only the introduction of the environment as the object of human rights protection, through the Right to a Healthy Environment, could trigger the necessary conceptual shift and legitimise the Court and the CoE Committee of Ministers to require member States to take measures such as mitigation of environmental risks and ecological redress.

7. April 2025

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