Dr Janice Denoncourt, Associate Professor at NLS https://www.ntu.ac.uk/staff-profiles/law/janice-denoncourt
This year the NLS Intellectual Property Research Group and Intellectual Property (IP) law students have contributed to a very special World Intellectual Property Day 2024 initiative – The Guide to The Sustainable Development Goals (SDGs). The Guide was developed to support this years’ World IP Organization (WIPO) theme, ‘IP & The SDGs: Building our common future with innovation and creativity’.
The IP Awareness Network’s (IPAN) Guide to the SDGs IPAN in Brief Special Edition for World IP Day 2024 explores the connections between the United Nation’s 17 Sustainable Development Goals (SDGs), IP and sustainable development from the perspective of luminaries, leaders, researchers and IP law students. It continues the vital conversations about sustainability and the role IP rights such as patents, copyright, trademarks, designs and geographical indications in our global society. At the heart of this Guide is the conviction that the IP rights law framework is not simply a legal construct, rather a foundational pillar for supporting inventors and creators to both disseminate and share in the benefit of their knowledge. Each United Nations SDG is covered, explaining how IP rights operate as ‘knowledge tools’ that can bring the SDG matrix closer to fruition across the globe.
The Guide begins with forewords from John Ogier (IPAN Chair), Adam Williams (Chief Executive and Comptroller-General of UK Intellectual Property Office (UKIPO)) and Neil Lampert (Deputy Chief Executive, The Chartered Institute of Patent Attorneys (CIPA)). They highlight actions by IPAN, the UKIPO, CIPA, the Earthshot Prize launched by Prince William’s Royal Foundation in 2020, and the Chartered Institute of Trade Mark Attorneys (CITMA). Together, they illustrate the power of IP to help solve global challenges. For example, since joining as an Official Earthshot Prize Nominator in 2021, CIPA has nominated three exceptional finalists and a remarkable prizewinner.
Members of the Nottingham Law School, Nottingham Trent University Intellectual Property Research Community hailing from the UK, Ghana, Germany, Canada, and the USA have made diverse and highly interesting contributions to SDG 4, 9, 11 & 16, reproduced with permission below:
IP & SDG 4 – Quality Education
“Robust copyright protections have long served as an incentive to create works, educational or otherwise. In exchange for these protections, all works must enter the public domain once enough time has passed. Perhaps more importantly, before a work enters the public domain, it is subject to numerous copyright exceptions, many of which help serve educational ends, consequently helping advance SDG 4 - quality education. Successfully balancing the interests of authors and the wider public has resulted in major progress to the arts and science. An underappreciated aspect of copyright law is its potential to preserve works. Of particular note are legal deposit laws found in most jurisdictions, requiring newly published works to be deposited in national libraries and archives. Not only do these laws help preserve cultural heritage by way of archiving media in a safe place (the British Library, for instance, holds millions of items sourced from legal deposit, including countless rare books), the resultant archives also serve as an invaluable resource to researchers, who often benefit from works long after their publication. Moreover, having such a large number of works accessible in a public library can be hugely beneficial to an individual’s lifelong educational pursuits.” - Joseph Godfrey, Research Assistant, Nottingham Trent University
IP & SDG9 – Industry, Innovation and Infrastructure
The relationship between IP and SDG9 on Industry, Innovation, and Infrastructure is pivotal to sustainable industrial growth and the development of vibrant industry and resilient infrastructure. IP-related dimensions of SDG9 and strategies to humanise growth in industry, innovation and infrastructure are set out below.
“With the creation of the International Sustainability Standards Board driven by society’s demand for greater transparency of entities’ carbon footprint, sustainability is now a corporate strategic priority. However, the role of IP rights in sustainability transitions remains elusive in the wider global agenda. Understanding patents to protect inventions and the ‘Technology Readiness System’ could unlock superior technologies, accelerating diffusion processes shaping sustainability transitions on a global scale. In my article ‘Companies and UN 2030 Sustainable Development Goal 9 Industry, Innovation and Infrastructure, I analyse how intangible IP assets ‘build resilient infrastructure, promote inclusive and sustainable industrialization and foster innovation’. I compare characteristics of Century Club companies that have operated sustainably for over 100 years with the younger, dominant tech multinationals who deploy IP-reliant digital business models - providing evidence of the important connection between innovation, IP, corporate responsibility and sustainable development. My new research advocates that use of the Technology Readiness Level (TRL) system in the private sector could result in higher quality technology investment decisions to solve sustainability challenges. The TRL method estimates technology maturity on a scale of 1 to 9, with 9 the most mature. A TRL between 1 - 9 signals accurate, comparable and auditable technological capability and readiness. My research builds a shared understanding to address rising policy concerns regarding verification and reliability of green tech investment information.” - Dr Janice Denoncourt, Associate Professor of Law, Nottingham Law School, Nottingham Trent University.
“Digital assets based on distributed ledger technology and smart contracts can promote innovation in various industries that require a sound infrastructure, especially those that require communication between many participants. Digital assets have the advantage of secure authorship and traceable transaction history. As a result, intermediaries that cause additional costs can be eliminated. This ensures a more efficient data exchange and promotes data minimisation, as only relevant data needs to be passed on. This solves several problems many industries have regarding innovation and the used infrastructure. Inefficient infrastructures hinder innovation. DLT infrastructures can also help finance large projects. By tokenising digital infrastructure assets, new sources of financing and improving existing financing channels can be opened up, making those assets accessible to a broader public. Furthermore, data can be made more transparent so that the origin and use of funds can be optimised, and misuse and corruption can be combated efficiently, leading to improved coordination between different stakeholders. Digital assets play a pivotal role in enhancing asset exchange efficiency, thereby fostering the creation of superior infrastructures. This efficiency boost paves the way for innovation, underscoring their practical benefits.” - Michael Rudolf Kissler, Attorney at Law (Rechtsanwalt) & General Counsel, LLM Student, Nottingham Trent University
“Canada is the second largest country in the world by total area (including its waters), and Canada ranks fourth in the world’s largest area of freshwater lakes. Therefore, Canada has a leading role as a steward of the planet. To support Sustainable Development Goal 9 (SDG 9), Canada is crafting policies that leverage intellectual property (IP) rights for technology transfer and collaboration. In Canada’s vast landscape, advancing R&D in green transportation, clean technology, and digital solutions is crucial for enhancing communication and sustainable development. Strategic compulsory licensing and patent pools make essential technologies in renewable energy and digital infrastructure accessible. Large hydroelectric projects like British Columbia’s Site C and Manitoba’s Keeyask demonstrate how these policies support renewable energy initiatives, making critical technologies widely available. Canada’s national approach to preserving the health of our oceans (SDG 14) addresses conserving marine species and investing in ocean science and innovation via its national Ocean Protection Plan: Supporting safe and clean marine shipping. According to the World IP Organization’s Global Innovation Index, Canada is ranked 9th in innovation inputs and 20th in outputs. Its robust infrastructure is highlighted in 5th place. These rankings highlight Canada’s role in promoting sustainable development and addressing climate change.” - Kevin Sattarzadeh, LLB IP Law DL Student, Nottingham Trent University & Licensed Paralegal
IP & SDG11 – Sustainable Cities and Communities
“Intellectual Property Rights (IPRs) play a significant role in shaping not just the economic aspects but also the overall welfare of a community. They contribute to fostering creativity, enhancing social unity, and safeguarding cultural heritage. By establishing exclusive rights for the inventors or owners, IPRs such as patents, trademarks, industrial designs and geographical indications protect and stimulate innovation and creativity. This contributes directly to the achievement of the 2030 Sustainable Development Goals(SDGs), notably SDG 11 on promoting sustainable towns and cities. For example, Geographical Indications (GIs), a type of collective and communal IPR, promotes sustainable development of a community by encouraging participatory processes and collective action for local producers to work together to protect their traditional products from misuse and misappropriation. In so doing, GIs harmonise with SDG 11, particularly with respect to target 11.4, strengthening cooperative efforts to protect, safeguard and manage cultural heritage and resources. Conserving the cultural traditions and customs of a community is one of the key methods for promoting and sustaining the well-being of towns and cities. Additionally, when producers collaborate collectively, it can stimulate heightened productivity and create more employment opportunities, fostering economic growth while empowering local communities to thrive.” - Michelle Okyere, Postgraduate IP Legal Researcher, Nottingham Trent University
IP & SDG16- Peace, Justice and Strong Institutions
“Innovation and improvement are at the centre of SDG 16 peace, justice, and strong institutions. In my diverse legal experiences in both the UK and the US, it is a well-known perception that the cost of your legal representation is likely to impact the outcome of your court case or claim; overshadowing a person’s access to justice. On the other hand, I have been privileged to work with underserved populations and help deliver ground-breaking innovations and improvements. These include assisting autistic children to express themselves using robotics or working with a human trafficking prevention non-profit applying technology to help survivors realise justice in and out of court. Intellectual Property, through its role protecting the intangible - ideas, innovations, and creative expressions – inherently strives to remove barriers such as discrimination based on race, ethnicity, sex, or gender; offering a more equitable platform for individuals to realise their ideas. The burgeoning global creator economy exemplifies this principle, showcasing how IP can play a pivotal role in improving individual’s access to justice, better outcomes and thus improved economic position regardless of other characteristics. This, in my opinion, resonates deeply with realising SDG 16 equitable peace, justice, and strong institutions.” - Darion R Smalls, Nottingham Law School Final Year LLB IP Law DL Student, Nottingham Trent University
The Guide concludes with a useful ‘Recommended Reading List’ that references IP Research Group members’ research publications. Thanks to our international NLS IP Research Community which include Joseph (UK), Michelle (Ghana), Michael (Germany), Kevin (Canada) and Darion (USA/UK) for their fantastic and illuminating contributions which sit very well alongside reflections from leading lights including judges, practitioners, CEOs, Professors, and IP professionals including:
Rt Honourable Professor Sir Robin Jacob, the Sir Hugh Laddie Chair of Intellectual Property Law at University College London
Jane Lambert, IP law practitioner, NIPC Law
Ruth Soetendorp, Professor Emerita, Associate Director CIPPM, Bournemouth University
Dr Bola Olabisi FRSA, CEO, GlobalWIIN
Phoebe Whitlock, UN Women UK to the 68th UN Commission on the Status of Women
Dai Davis, Solicitor and Chartered Engineer
Danny Keenan, President, IP Federation
Jan Marton, Associate Professor, University of Gothenburg, Sweden
Fernanda Donaire Passoni, Head of Coordination, 4iP Council
In conclusion, we are very proud that NTU is one of the most sustainable universities in the world with its effective ‘Embracing Sustainability and Net Zero Carbon strategy’. The NLS Research Group and our committed NLS IP undergraduate and postgraduate law students now add the IP rights perspective to the UN SDG matrix.
To join in more World IP Day celebrations, see the WIPO link in further reading below. I have been a Director of IPAN (linked in further reading) since 2020 and the module leader for our LLM Global Innovation and Intellectual Property Law for even longer. My IP and sustainability research publications are noted in the Guide’s Recommended Reading List. Learn more about our NLS Intellectual Property Research Group activities in the link below.
Further Reading:
IPAN Guide to the SDGs | World Intellectual Property Day 2024 | Intellectual Property Awareness Network (ipaware.org)