Patents and circular economy:: legal implications for recycling technologies

Patents and circular economy:: legal implications for recycling technologies

Journal article

1 online resource

Innovative technologies and robust intellectual property (IP) frameworks are required for the transition of circular economy (CE) to promote sustainability. In this article, it has been examined how important cases influence the development and accessibility of recycling technologies and innovations related to CE. It examined some critical cases namely Monsanto Technology LLC v Cefetra BV in the European Union, which clarified functional criteria for biotechnology patents; Diamond v Chakrabarty in the United States, which expanded patent eligibility for man-made organisms supporting environmental solutions; and battery recycling initiatives by Toyota in Japan, highlighting the integration of patents with sustainability. Also, cases like innovations in plastic recycling in India and compulsory licensing in Brazil highlight how IP strategies can bridge innovation gaps in developing economies. The examples show that patents are facilitating as well as inhibiting progress toward CE. High licensing costs, patent thickets, and limited accessibility are addressed, as well as proposed policy recommendations to adapt patent law to CE principles. They include green patent fast-tracking, tax incentives for green patents, open-source licensing, developing patent pools for circular technology, differential pricing & compulsory license, and international agreements on CE patents. Aligning IP systems with CE goals enables fairness and accelerates recycling and resource recovery solutions globally.

Crossref

European Intellectual Property Review, 0142-0461 ; E.I.P.R. 2025, 47(6), 325-332

[New York, NY] : Thomson Reuters, 2025.

eng

https://1.next.westlaw.com/Copyright

External Online Journals > European Intellectual Property Review