The Implications of Introducing Sustainability and Climate Change as Grounds for Compulsory Licensing Under the World Trade Organization (WTO) Trade Related Intellectual Property (TRIPS) Agreement

Abstract

This thesis addresses the growing tension between intellectual property protection under the World Trade Organization’s Trade-Related Aspects of Intellectual Property Rights Agreement and the urgent need for access to climate-related technologies. While the Agreement permits compulsory licensing, its application has largely been limited to public health emergencies, leaving uncertainty as to whether sustainability and climate change can justify similar measures. Using doctrinal legal analysis, comparative assessment, and selected case studies to examine the scope of existing TRIPS flexibilities and their potential application to climate technologies. The findings show that while the TRIPS framework does not expressly recognize climate change as a ground for compulsory licensing, public-interest-oriented interpretations provide limited but viable avenues for expansion. However, legal ambiguity, economic concerns, and political resistance constrains implementation. The thesis concludes that clearer interpretative guidance and reforms are needed to reconcile intellectual property protection and access to technologies with global climate imperatives.