The CP solves industry buy in better – CSR policies prove
Cifrodelli 24 [Gabriele, PhD Candidate & Research and Teaching Assistant, University of Glasgow (CREATe Centre), “Can you patent the sun? Towards a sui generis inclusive right to manage the relationship between intellectual property and Commons,” “Journal of Intellectual Property Law & Practice,” 2024, Vol. 00 No. 00, DOI: https://doi.org/10.1093jiplp/jpae044,” ALB]
Naturally, there could still be the conviction that governments, when it comes to implementing this inclusive right, would find the firm opposition of the private industry. However, since nowadays companies around the globe must ensure corporate social responsibility (CSR), they have been already implementing ethical sources initiatives (ESIs) by formally and/or informally sourcing processes in an ethical and socially responsible way.158 And these initiatives, such as guaranteeing transparency in the supply chain, have been shown to be beneficial not only for the society at large—as they were initially thought—but also for the companies themselves, through a positive reaction of the stock market and increase of operating performance.159 Therefore, from the perspective of private companies, the enforcement of the inclusive right for vaccines and other life-saving treatments would be an additional and innovative way to conduct an ESI and accomplish CSR. Moreover, it should not be forgotten that it is the private industry itself, which has been implementing community driven approaches that lean towards inclusivity. For instance, in the biotech field, the technological platform Molecular provides researchers with ‘real-time global sourcing of ideas, capital, and know-how’.160 Another example, briefy mentioned in Section 6, could be the synthetic biology feld that is now embracing an ethos of openness through several commons-based institutions [eg Synthetic Biology Engineering Research Center (SynBERC)].161
In conclusion, the current scenario is changing, not only from the public but also from the more private perspective, and there is the need to embrace that change, to embrace that inclusivity and turn it into something useful for the society as a whole. The inclusive right that has been theorized in this section can constitute a good normative starting point.