A Seat at the Table – Zur Berücksichtigung von ökologischer Nachhaltigkeit im Immaterialgüterrecht

Environmental protection, climate change, and sustainable use of resources are increasingly discussed under a private law perspective. This article outlines the role that intellectual property law can play in achieving the societal goal of ecological sustainability. First, it is shown that public interests, including ecological sustainability, are a key factor for both the theoretical foundation as well as the legal framework of intellectual property protection. Following this, the article presents specific instances for considering aspects of ecological sustainability at the levels of protection, limitations, and enforcement of intellectual property rights. It is argued that ecological considerations can and should take a stronger part in interpreting the law and influencing the balancing of interests required by some intellectual property provisions.