Greenforcement of Intellectual Property Rights: What Role for the Fundamental Right to a Healthy Environment in IP Practice?

The cur­rent prac­tice of enforce­ment of intel­lec­tu­al prop­er­ty rights impacts the envi­ron­ment in many ways. There is increas­ing recog­ni­tion of the press­ing need for more human and envi­ron­men­tal­ly friend­ly alter­na­tive reme­dies, such as donat­ing goods to char­i­ty, remov­ing infring­ing signs or parts, or dis­pos­ing of the goods out­side the EEA/EU. The ques­tion is whether and to what extent the legal frame­work leaves room for eco­log­i­cal­ly sus­tain­able alter­na­tives to dis­pos­ing of and destroy­ing IPR-infring­ing goods.