A quest for solution: the legal challenge to support the environment

Abstract

People always have been creative and innovative. It is the basis of our evolution. However, this creativity has altered the global environment to the extent that our survival as mankind has become questionable. Major problems like pollution, climate change, loss of biodiversity, exhaustion of natural resources endanger our planet and society. Parallel with above mentioned evolution, science and technology progressed: synthetic biology, nanoscience, metal mining, 3-D printing, etc. These innovations can solve some problems and could eventually protect our wellbeing. Signs of radical changes in the world system are already noticeable. However an adequate legal framework is necessary to provide structure and to avoid the use of (new) technologies and science that would be harmful for the environment. The question is thus if our actual legal system, and more specific the environmental regulations and intellectual property rights, is appropriate and adequate. And if the answer is negative how should regulation change. This paper is mainly pragmatic, it aims at providing a framework and a tool to research the actual regulation of sustainable development and more specific the role of intellectual property plays in stimulating or hindering the development of sustainable technologies. This paper aims at providing a first understanding of the framework in which the innovation and the sustainable development take place. In concreto the effects and consequences of new relationships between institutional actors in our society and the validity and attainability of open innovation as a new model for research and development, will be researched. Furthermore, an investigation of the existing regulations relating to sustainable development is mandatory. Bringing these elements together should give a solid basis for the tackling the final research project on the role of legal instruments, like intellectual property rights (IPR) and other regulatory tools to support sustainable development and solutions for the actual environmental problems. The following chapters describes the changed societal roles, the process of Open Innovation and “new” regulations as they were implemented during the last few decades. It is in essence a multidisciplinary approach whereby different opinions and views are welcomed. Hopefully this paper challenges you and leads to further discussions and insights that you would like to share.