This open access volume of LIDC contributions focuses on how competition and intellectual
property laws incorporate sustainability objectives. Businesses are increasingly embracing
sustainability objectives driven by the international community. Although competition and
intellectual property law are certainly not the only tools for addressing sustainability issues
they can play a role in moving toward a more sustainable society. Sustainability has gained
prominence in competition law in all jurisdictions covered in this volume. The contributions
focus on classic questions such as whether sustainability agreements restrict competition and
if so to what extent businesses can be exempted on efficiency grounds. The papers also raise a
number of questions in particular concerning the treatment of non-market efficiencies. The
soft law and case law produced by competition authorities are examined and the leadership role
of some competition authorities in the field - from advocacy to policy papers and
sustainability guidelines - is highlighted. The authors call for more individual guidance to
provide enhanced transparency and clarity to industry advisors and society at large on
sustainability issues with guidelines or sustainability-related block exemptions providing
even greater legal certainty. With regard to intellectual property the contributions examine
various important issues such as the need for intellectual property rights to remain
technology-neutral ways to promote the use of sustainable technologies and incentives for
licensing and ways to promote the dissemination of sustainable technologies including
compulsory licensing cross-licensing open source or FRAND licensing and replacing the
destruction of counterfeit goods with recycling. The papers also discuss greenwashing and how
it can be addressed through revisions to trademarks and related rights.
