A Reflection on Theoretical Approaches to Protecting Environmental law in the Intellectual Property System

Document Type : Original Article

Authors

1 Associate Professor of Public Law Department, University of Qom

2 Phd Student of Pblic International law, Islamic Azad University

10.22091/diplic.2026.14529.1034

Abstract

Protection of the environment is one of the issues that has attracted a lot of attention at the international level. Due to the vastness of the subjects that relate to the concept of environment, its protection certainly requires the use of various tools. One of these tools is based on "intellectual property law". Intellectual property law can make it possible to support innovative solutions for environmental protection. Analyzing this relationship, two major theories are proposed, one of which implies the neutrality of the intellectual property system towards environmental protection and the other, on the contrary, believes in the effectiveness of the environmental field from intellectual property law. The present article, aims to analyze the relationship between intellectual property law and environment protection in a descriptive analytical manner. The basic question is: Which approach is theoretically acceptable in the relationship between environmental rights and intellectual property? The basic assumption of this article in answering the main question is that there is a synergistic and positive relationship between the field of environmental protection and intellectual property rights.

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