IP, sustainability and competition policy: looking for a coherent framework

Nicola M.F. Faraone

Chapter 5 in Intellectual Property, Ethical Innovation and Sustainability, 2026, pp 51-72 from Edward Elgar Publishing

Abstract: The chapter analyzes the intersection of Intellectual Property Rights (IPR), Sustainability, and Competition Policy within the framework of the European “twin transition” (green and digital transformation). This transition is challenging and divisive since the enormous energy demands of the digital sector (e.g., AI data centers) threaten to put it on a collision course with decarbonization goals and risk putting these convergent goals on a collision path. To foster coherence, political priorities include the Draghi Report, calling for massive investments to decarbonize sectors, and a new competition mandate focused on resilience and common goals. Core strategies involve unlocking “green data” by relying on the Data Act, which ensures user access to IoT data and strips manufacturers of exclusive rights. Furthermore, revised competition Guidelines now legitimize “Sustainability Agreements” to address residual market failures. Ultimately, better alignment across IP, competition policy, and EU Green Deal legislation is essential.

Keywords: Twin Transition; IPR; Sustainability; Competition Policy; Green Data; Data Act; Decarbonization; Horizontal Guidelines; Innovation; Resilience (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035367764
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