The Perspective of Renewable Energy in the View of Intellectual Property Rights: The Object Lesson for Iranian Law

Introduction
Energy is a fundamental necessity for the continuation of economic development, the provision of welfare, and the assurance of human comfort.  The use of fossil fuels (such as oil, gas, coal, etc.) has been so rapid and uncontrolled that it has not only disrupted ecological balance but also threatens the very existence of humanity. To address this issue, there has been a growing inclination toward harnessing energy from renewable sources. Consequently, renewable energy has become one of the most critical topics in the realm of development of knowledge boundaries within the field of law. From this perspective, renewable energies are regarded as divine blessings and a bridge between nature and humanity, serving as an alternative energy source and a strategic choice for sustainable social and economic development.
    The issue of renewable energy lies at the intersection of human rights, environmental law, intellectual property rights, and technology transfer.
This paper endeavors to explore the transformation toward a clean energy system through the prism of intellectual property rights. In this regard, one of the environmental dimensions pertaining to intellectual property rights is shaped by emerging technologies associated with renewable energy. According to some scholars, the relationship between intellectual property rights and renewable energy offers a new perspective on the current and future state of this category of energy.
The issue of renewable energy lies down at the intersection of human rights, environmental rights, intellectual property rights, and technology transfer. This article attempts to examine the evolution a clean energy system through intellectual property rights. In this regard, one of the environmental dimensions of intellectual property rights is the new technologies related to renewable energy. According to some researchers, the relationship between intellectual property rights and renewable energy provides a new perspective on the current and future status of these types of energies.
 Methods
Despite the necessity and significance of renewable energies, the primary challenge in expanding the use of clean energies lies in the conflict of interests between the global North and the South concerning the transfer of technology related to energy resources. Industrialized developed countries, which are primarily equipped with renewable energy technologies, have acquired the technical expertise through substantial investments in research and development. However, they are reluctant to share these technologies, a stance that inherently incompatible with the goal of safeguarding the right to life and enjoyment of a healthy environment. Consequently, this study aims to address the fundamental question of how to respect intellectual property rights while facilitating the transfer of clean technologies to developing countries? The research employs an analytical and descriptive methodology, utilizing library-based resources for data collection.
Examining the prospective of proponents and opponents of supporting renewable energy in light of intellectual property rights raises the question of whether the monopolistic tendencies arising from intellectual assets act as a barrier to the transfer of technology in this category of energy, or whether they should be moderated and facilitated in light of public domain. Fundamentally, what is the role of intellectual property rights in promoting and disseminating technologies that enable clean energy? Investment in renewable energy projects typically requires substantial financial resources, policies tailored to the deployment of equipment to align with absorption infrastructure and domestic industrial capacities, as well as high revenue-
generation risks, which often entail a long waiting period for return on investment.
Findings
Acknowledging the importance of decarbonizing clean technologies, environmental and technological tools have gained attention at both national and international levels, ranging from comprehensive policies aimed at mitigating climate change to the shift toward new sources of renewable energy. The significance of this issue highlights that the international dissemination of low-carbon technologies has been a cornerstone of climate-related negotiations since the adoption of the United Nations Framework Convention on Climate Change.
The research shows that intellectual property rights can play a role in mitigating climate change by fully protecting clean energy technologies. While protecting intellectual property rights can help develop renewable energy technologies, it can also obstacle to the transfer of renewable energy technologies. Intellectual property owners are more likely transfer technologies related to renewable energy industries if they are confident and have sufficient guarantees. In contrast, the lack of adequate protection of intellectual property rights in developing countries can block access to such technologies. Therefore, the realm of clean technologies defines the boundary of the subject where it intersects with the approach of protecting intellectual property rights. In order to protect fundamental human rights and to overcome the challenges ahead, it has not only been recommended to consider intellectual property related to the transfer of renewable energy technologies as belonging to the public domain; but also, it has even been proposed to remove environmentally friendly technologies from the scope of patentable inventions and make them accessible to all countries.
On this basis, the protection of renewable energy under the umbrella of intellectual property rights, while supporting innovations and advancements in this field, emphasizes the promotion of technology transfer while respecting exclusive intellectual property rights. However, within this framework, environmental considerations are not a condition for the protectability of an invention. Essentially, technologies for generating electricity from natural resources represent innovations that encompass technical and tacit knowledge, which can be safeguarded under intellectual property rights. Therefore, intellectual property rights constitute a key factor in the innovation process and decision-making for investments in research and development activities.
Conclusions
Today, the imbalance in electricity supply in our country has become a serious issue, and frequent blackouts, aside from causing public dissatisfaction, threaten the production and sustainability of industries. It seems that in domestic law, given the vast scope of green energy resources and the abundant potential capacities available—such as solar, hydro, wind, geothermal, biomass, marine currents, and more—within Iran's geography, adopting strategies such as simplifying and facilitating the process of applying for and approving patents related to these types of energy, providing financial support and incentives for their innovators, and promoting research and development by creating a platform for foreign direct investment, particularly with a focus on renewable energies that have not yet reached maturity, could guide the country toward embracing renewable energy under the framework of intellectual property rights.