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Is there a conflict between intergenerational justice and the current global system of intellectual property (IP) rights to the extent that it acts as a hindrance to climate change mitigation and adaptation efforts? Addressing the potential for conflict between the intellectual property system and intergenerational justice depends on the role played by intellectual property in technology development and diffusion. It also depends on what role property rights have within a theory of intergenerational justice. We argue for a theory of intergenerational justice based on core human rights to life, subsistence and health and a notion of equality. A right to property (which includes intellectual property) is best seen as a vehicle for securing these core rights. We argue that both intergenerational and international justice are crucial in making more explicit the normative elements embedded in public policy-related arguments made in relation to intellectual property and climate change.

Item Type:	Research Book Chapter
Keywords:	climate change, intergenerational justice, justice, intellectual property rights, IPR
Research Division:	Law and Legal Studies
Research Group:	Environmental and resources law
Research Field:	Environmental law
Objective Division:	Law, Politics and Community Services
Objective Group:	Justice and the law
Objective Field:	Justice and the law not elsewhere classified
UTAS Author:	Forrest, HA (Associate Professor Heather Forrest)
UTAS Author:	Lawrence, P (Dr Peter Lawrence)
ID Code:	128612
Year Published:	2018
Deposited By:	Law
Deposited On:	2018-10-02
Last Modified:	2019-02-05
Downloads:	10 View Download Statistics