Anupama Dias Abayagunawardene (Deputy General Manager - Intellectual Property)

The concept of Intellectual Property (IP) and the global system put in place to protect intellectual property, aims to encourage creativity and foster innovation. The system affords a quid pro quo to inventors or creators by affording them a monopoly over their inventions or creations through different types of IP rights, whether registered or not. In return, once the period of protection expires, these inventions or creations can be freely used by the public to encourage further improvement or inspiration for future generations.

Goal number 9 of the Sustainable Development Goals (SDGs) specifically refers to Fostering Innovation. It can be inferred that this goal, more than any other SDG, could play a significant role in the success of all 17 SDGs. Innovation can help to achieve and accelerate critical change that all the SDGs intend to create, and therefore, intellectual property plays a key role in how that innovation is managed and protected.

While being a driving force in fostering innovation and encouraging new inventions, the innate structure of the IP system also creates a monopoly right for inventors which may in turn hinder the large-scale adoption of such inventions. For example, an innovative solution developed by an inventor to easily and cost effectively sanitize water, if patented, will then be subject to a monopoly right to a single individual or organisation and sold at an increased price to achieve a return on investment. For patents the period of protection is 20 years from first application. However, by the time the patent term ends, the invention may no longer provide the same benefits to society at large.

To counter this risk, the Intellectual Property system, through the Paris and Berne Conventions, affords the concept of “Compulsory License” for patents and copyright. Nonetheless, it is something that each member country has the right to legislate independently. Different countries have different ways in which this is approached. For example, in 2012 India granted its first compulsory license to a cancer drug which was patented by a European Big Pharma company. This may be a method in which the 3rd SDG of ensuring healthy lives and promoting well-being for all, can be achieved.

While Intellectual Property rights do afford monopoly to its inventors, only 5 to 7 percent of patented inventions are actually commercialized . In the field of Sustainable Development, it is important to create platforms to connect inventors who have innovations that can drive many different SDGs with the relevant companies, organisations, institutions and even governments that are looking for solutions for their development concerns. Such a platform is offered by the World Intellectual Property Organisation itself through the WIPO Green Database a platform that connects those seeking solutions for environmental or climate change relation problems with a free global innovation catalogue. The system not only provides the details of the patents connected with the solution but in some instances provides even the Technology Readiness Level of those inventions. This is the scale used by potential commercialisation partners to see whether the technology is ready to be commercialised or it requires further development. There are various types of similar platforms created by organisations, patent offices and international institutions that bridge the gap between inventors and solution seekers.

In the apparel industry Sustainability has been a key challenge as well as a key driver of innovation in the recent past. This is clearly seen in the number of patents that are filed by apparel companies in this area. There has been a significant increase in the environment related patents filed by apparel companies growing from 26 filed in 2003 to 206 filed in 2023 .
Within this global movement, MAS Holdings, a global apparel manufacturer, has been continuously driven towards sustainable innovation to create a sustainable apparel manufacturing footprint. Through its structured sustainability program, the Plan for Change, MAS has committed to inspire sustainable change under the three Pillars of Product, Lives and Planet by driving change not only within the organisation but among its customers and communities. On this journey, the approach to Intellectual Property protection has been quite different. The key focus in MAS’ sustainable innovations has not been to seek a monopoly for a particular technology or solution through various IP rights but to collaborate with partners and provide solutions that can be driven by multiple sources. Innovative, sustainable solutions such as the Eco Brick and the Ocean Strainer developed within MAS are not subject to any monopoly rights in relation to the technology.

It is important to understand that while Intellectual Property rights offer monopoly to commercialize inventions, that monopoly needs to be managed such that inventions that can achieve many SDGs can be used effectively for the greater good. Another more unconventional method might be to not seek Intellectual Property protection at all, but to publish those inventions in the public domain so that those who seek such solutions can freely use and benefit from them.
While Intellectual Property rights do support creativity and encourage innovation, this drive to create and innovate should not purely be due to the commercial monopoly it offers. In a world where achieving SDGs may be the strongest hope for future generations to prosper and thrive, IP laws should certainly encourage this collaborative effort rather than restrain it.

¹ https://www.wipo.int/edocs/mdocs/innovation/en/wipo_ifia_kul_96/wipo_ifia_kul_96_1.doc
² https://wipogreen.wipo.int/wipogreen-database/
³ https://www.just-style.com/news/signal-calls-for-accelerated-fashion-sustainability-as-eco-patents-decline/?cf-view