In the current framework, IP assets seem pernicious, with third-party certification marks often cherry-picking issues and individual trademarks being frequently used as unsubstantiated sustainability indicators. Thus, by supporting green marketing campaigns and fostering power imbalance, IP tools are likely to create confusion regarding sustainable practices, giving the illusion that progress is being made – in sharp antithesis with the principles and objectives inspiring IP law.
Strengthening the criteria that brands must meet before they can earn sustainability credentials, eventually conveyed through IP rights, is advocated at all levels. Arguably, though, this top-down approach is not effective as it fosters a business-as-usual perspective and neglects MSEs, which are predominant in the sector. These players are often exploring new ways of doing business, purpose-driven, based on transparency and trust, aimed at benefitting both local and global communities.
Therefore, this research posits theories for reshaping existing IP rights according to a bottom-up perspective, drawing on the sustainable pathways set forth by smaller players. Starting from the assumption that transparency is only the starting point of the sustainability journey, the analysis will focus on the potential of IP rights to convey quality, ethos, and craftsmanship, which come into play when relationship-based business models are at stake.
Sara Cavagnero is a PhD Researcher at Northumbria University and qualified IP lawyer admitted at the Italian Bar, Sara's work has devoted to the use of IP assets as private sustainability governance tools and the legal implications arising thereof. Her analysis is framed within the under-considered SMEs' perspective, and focused on suppliers along the value chain. Sara is involved as an expert at UN/CEFACT "Enhancing Traceability and Transparency for Sustainable Value Chains in Garment and Footwear" project. She is the Law & Sustainability Specialist and one of the co-founders of the NGO rén collective, a platform providing sustainable fashion SMEs with network opportunities and viable options for an industry reset.
About the event
This event is part of Creative IPR and History of Capitalism's series of open seminars. The research group and project hosts open seminars on the last Monday of every month. This is a public research seminar bringing together researchers and other professionals from across the social sciences, law, the humanities and beyond to present their research or field of expertise followed by a Q&A session.
As of spring 2022, seminars will be hybrid, with the option to attend on Zoom and in person. The seminars are open to all.