Huazhong University of Science and Technology Lecturer: Prof. Zheng Youde Dr. Li Weiwei Law School of Huazhong University of Science & Technology Tongji University, Dec. 4, 2013 Greenwashing Risks of Intellectual Property Right and Legal Regulation

Table of Contents Green Growth & Greening IPR 2 Legal Regulations of Greenwashing IPR 4 Introduction 3 1 Greenwash & Greenwashing IPR 33

Introduction green growth traditional economic growth ecological civilization industrial civilization energy saving & emission reduction energy saving & emission reduction energy waste & pollution sustainable development global environmental deterioration

Green Growth & Greening IPR Product green patent green copyright green trademark Green Innovation Ecology Environment Green Growth Need green design green marketing green consume Green IPR

Connotation of Greenwash green [environmentally friendly] + (white) wash [conceal flaws] —the act of misleading consumers regarding the environmental practices of a company or the environmental benefits of a product or service. ( also called greenwashing —The deceptive use of green PR or green marketing in order to promote a misleading perception that a company’s policies or products are environmentally friendly (

green- washing patent Greenwashing IPR Green- washing IPR environmental barriers of practical exploitation challenges for traditional copyright law false claims and advertisments abusement of “green” marks green- washing copyright green- washing trademark green- wash marketing

Hazard & Problem of Greenwashing IPR seven sins negative impact unfair fraud waste barrier Sin of the Hidden Trade-off Sin of No Proof Sin of Vagueness Sin of Worshiping False Labels Sin of Irrelevance Sin of Lesser of Two Evils Sin of Fibbing

Legal Regulations of Greenwashing IPR solutions Green Standard Policy Direction Green Channel Legal Liability Green Evaluation Standard and Green Marketing Guides Environmental friendly and energy saving Green IPR System Strict examing standards and normative examing procedures of green patent, green works and green trademark Green CIR & Green Consume Real Environmental awareness and Green Concept of enterprises, consumers and society Legal punishments of greenwashing IPR and marketing with powerful administrative and judicial enforcement

Green Standard National legislation Green Evaluation Standard and Green Marketing Guide - General Terms like “green” ， “environmental” or “eco- friendly” etc. -Certifications/Seals of Approval -Professional Explanation of terms as the examination guides

- Need to change -Introduction of "environmental factors" considered -Principles of the sustainable development, the public order and morals, the balance of personal interests and the public interest -Protection of the environmental or climate-friendly technology, low-carbon technology, product marks, works Policy Direction Principles Purposes -to encourage green technology innovation, green literature and art innovation and green business innovation, -to promote the creation, utilization, protection and management of the Green Intellectual Property Right

Green Channel considerat ion of the environme ntal or ecological elements feasibility of environmen tal works scientific certification and regulative use of green tradmarks Priority and high-way of green patent examination and green trademark green patent green works green trademark green channel

Legal Liability legal punishments legal punishments administrative enforcement administrative enforcement judicial enforcement judicial enforcement specific liabilities and punishments regulated in different laws revocation of greenwashing patent or trademark; Investigation of greenwash marketing the value orientation of the judicial lawsuit ; class action

Green CIR & Green Consume 目标功能 内容 Green CIR; Self- Regulation; sustainable de velopment 目标功能 内容 Green NGOs; Social supervi sion; Professional consultancy Green awareness; Professional Knowledge; Legal weapon enterprise consumer society

—From greenwash to great innovation, works and brands —Construct the changing Green Intellectual Property Right system which is the institutional safeguard of the resource- conserving and environment-friendly society in current China.