Progress, whether measured by our capacity to confront environmental challenges posed by the fashion industry or by economic progress through supporting green business models, is driven by innovation and human ingenuity, and made to profit through market creation (Karuppiah et al., 2023). Fundamentally, innovation is linked to IP rights (see, for example, Fink, 2009; more generally, Fink et al., 1999). These rights, which encompass patents, trademarks, copyrights and industrial designs, function as instruments that shape incentives and behaviors within the innovation landscape. Put differently, the IP system offers creators a time-bound exclusivity over their intellectual efforts while also serving the broader public interest.
Intellectual property as a public good
In fact, the IP system is premised on the principle that knowledge is a quasi-public good (Tanzi, 2017). In the absence of legal protections, there is a risk of increased ease with which novel ideas can be appropriated and replicated by someone who is not the inventor. IP provides security that gives confidence to an inventor to dedicate significant resources to research and development knowing that, within a certain time frame, the benefits cannot be freely adopted by competitors (WIPO, n.d.). IP rights grant innovators a time-bound period of control over the invention which could be used for commercializing. Increasing the potential for return on investment may act as a catalyzing agent, encouraging the allocation of capital and talent toward the pursuit of new knowledge and its practical application.
Besides this, the IP system also plays an important role in the broader dissemination of knowledge. The patent regime, for instance, operates on a quid pro quo: in exchange for the grant of exclusive rights, inventors are obligated to provide a sufficiently detailed disclosure of their invention (see generally, Lee, 2024). This requirement transforms tacit knowledge into explicit information, enriching the public domain and providing a foundation upon which future innovation can build.
The vast repositories of patent information also serve as a valuable resource for the direction of technological development and identifying new areas for scientific and commercial inquiry for researchers and entrepreneurs (Kwakwa and Oksen, 2024; see also Borthakur, 2023). Further, IP rights facilitate the process of technology transfer and collaborative ventures. Licensing agreements enable rights holders to strategically disseminate their innovations, reaching markets and applications that might otherwise remain inaccessible. Such arrangements can foster a more rapid and widespread adoption of new technologies.
Examples of potentially relevant IP types for fashion technologies include patents for new materials and processes, trademarks linked to sustainable branding and design rights for eco-friendly products. At the same time, protecting traditional knowledge and nature-based solutions linked to fashion – such as natural dyeing techniques, regenerative farming methods and ancient manual textile production methods – within the IP framework can present challenges, particularly as these types of innovation are often developed collectively over many generations in different cultural contexts and therefore may not meet the novelty criteria required for patent protection. Additionally, these innovations are typically passed down orally, making legal ownership difficult to establish. International instruments such as the Nagoya Protocol and the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge aim to address some of these gaps.
As a specialized agency of the United Nations, WIPO aims to foster a balanced and effective international IP system that enables innovation and creativity for the benefit of all. Firstly, it serves as a forum for international cooperation including by providing a platform for its Member States to engage in dialogue and negotiate international agreements. Secondly, it provides IP services which support innovation processes. Agreements such as the Patent Cooperation Treaty (PCT) and the Madrid System for trademarks attempt to streamline complex and costly process of seeking international IP protection by offering a centralized mechanism for innovators to pursue protection in multiple jurisdictions. Other services include databases such as Patentscope which allows users to access millions of patent documents, including PCT applications.
Another such database is the WIPO GREEN, which is the database that hosts all the technologies in this report. The WIPO GREEN database contains over 140,000 green technologies, experts and needs, and is a free public resource. Based on seekers and solution providers’ uploads, it seeks to address the green technology information gap by providing accessible information on solutions available or upcoming.
Intellectual property in the circular economy
Another issue that warrants a more detailed analysis is the role of IP in the circular economy, a model that keeps resources in circulation and reduces waste (Calboli, 2024). Key processes such as reuse, repair, refurbishment and recycling often require the approval of the owner of the IP right. For instance, putting a substantially transformed product onto the market might constitute a breach of the IP owner’s rights. A right to repair might not apply if the changes to the product are too significant.
These tensions might warrant considering how certain IP elements are exercised or interpreted in the circular economy. In practice, companies that are proponents of circular economy have to consider their role as enablers of strong circularity by adopting collaborative practices (Capponi et al., 2025). At the policy level, some suggest that specific exceptions for repair and upcycling and a broader interpretation of the exhaustion principle should be considered.