Octavio Espejo

Senior Partner, Patent and Technology Practice

octavio-espejo-hinojosa

Intellectual Property in the innovation of a green future to achieve a Circular Economy

07/28/2022

Intellectual Property in the innovation of a green future to achieve a Circular Economy

On April 26, World Intellectual Property Day is celebrated, a day in which the role of this branch of law in promoting human creation in order to generate a better future is remembered.

It is worth remembering that Intellectual Property covers both artistic and industrial creations, which are inherent to the development of the intellect, which is why they are susceptible to protection and property. IP systems provide various legal figures with particular characteristics, among the most popular are copyright, trademarks, patents and industrial designs.

For the year 2022, the World Intellectual Property Organization (WIPO), has designated “IP and Youth: Innovating for a Better Future” as the central theme for the campaign around this celebration, on this conceptual axis the diffusion efforts of IP around the world will be dealt with. This trend adds to recent efforts to innovate towards a greener future.

Green innovation is essential for youth, since it has a direct influence on the effects that the global warming phenomenon has had and will continue to have in the coming years. In this sense, an evolution in the global economic model is necessary towards production and distribution systems that respect the environment and eventually achieve a reduction in the impact of climate change.

Green energy technologies can be divided into two main categories, the first being the production of alternative energy, while the second includes the efficient use and consumption of energy. Alternative energy production comprises all green technologies that are part of actual energy production. On the other hand, the efficient use of energy includes all the technologies that are applied to final energy consumption, for example, more efficient light bulbs or aerodynamic panels that reduce friction in trains.

One of the most popular legal figures among the new generations is industrial design. Industrial designs in Mexico are divided into industrial drawings and models. The former is defined as any combination of figures, lines or colors that are incorporated into an industrial or artisanal product for the purpose of ornamentation and that give it a peculiar and unique appearance, that is, 2D designs. On the other hand, industrial models are constituted by any three-dimensional shape that serves as a pattern for the manufacture of an industrial or artisanal product, which gives it a special appearance.

Protection in Mexico is granted to innovative designs that are susceptible to industrial 

application and lasts for 5 years, renewable for up to 25 years. However, protection can 

also be claimed internationally, for which it is advisable to know the differences well in legal systems or consult an expert, since the scope of protection differs significantly from country to country.

From the conjunction of these two concepts, green innovation and design, the concept of Eco-design or Green Design arises, which is understood as the design of products that have a reduced environmental impact throughout their life.

To achieve a reduced environmental impact, it is possible to innovate mainly in three general aspects of design: materials, waste, and energy.

Regarding materials, the main challenges for the designer are to minimize the number of different materials in the product to simplify manufacturing and bonding elements, increase the efficiency of materials, durable and environmentally friendly, and design for the efficiency of the packaging and packaging of products from their manufacture to consumption.

On the issue of waste, it is necessary to consider that the design must ensure that the useful life of the product is the most appropriate in environmental terms and that the product works efficiently for as long as possible, minimizing any long-term damage to the environment caused by waste, and use recyclable or recycled materials.

Finally, with regard to energy, it is desirable to design for the increase of energy efficiency during the manufacture and transportation of products.

With strategies towards sustainability and circular economy, not only is the social objective of conserving natural resources and curbing climate change achieved, but it is also possible to innovate and design towards economically attractive and accessible options for new generations.

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