Oct 2024

The importance of sustainability

Sustainable development is one of society’s most pressing aspirations. There is still a lack of awareness of the profound global impact caused by human activities on our path to gaining greater prosperity. Everything that we have achieved has created an environmental situation that should cause great concern. 

The loss of biodiversity, climate change, and the degradation of critical natural resources are just a few of the issues that reveal the state of our planet and transmit an inescapable message: the time to make things better is now. Undoubtedly, the commitment of society as a whole is key — we are all part of both the problem and the solution.

“The last 50 years have without doubt seen the most rapid transformation of the human relationship with the natural world in the history of the species.” 

Steffen et al. (2004).

Sustainability is the ability to achieve sustained economic prosperity over time, while protecting the planet’s natural systems, but still providing a good quality of life for the population. We can also define it as a process that aims to find a balance between the environment and the use of natural resources.

The term sustainability has undergone various transformations over time to reach the modern concept based on the development of socio-ecological systems to achieve a new configuration in the three central dimensions of sustainable development: the economic, the social and the environmental (see www.responsabilidadsocial.net/medio-ambiente-que-es-definicion-caracteristicas-cuidado-y-carteles). A society has a future when economic development, social well-being and the environment are united in a balanced way.

The three dimensions of sustainable development

Definition of sustainability

There are many different approaches to defining sustainability. According to the journal RAE (Revista de Administração de Empresas), the term sustainable is “something that can sustain itself” or “a process that sustains itself.” The definition adopted by the World Commission on Environment and Development and formulated in 1987 in the United Nations Brundtland report, “Our Common Future”, is as follows: “Sustainable development refers to the capacity that the human system has developed to meet the needs of current generations without compromising the resources and opportunities for the growth and development of future generations.”

Sustainability seeks to ensure that economic activity maintains or improves environmental systems and improves quality of life of the inhabitants. It also seeks to use resources efficiently by promoting maximum recycling and reuse of materials (see www.responsabilidadsocial.net/3r-la-regla-de-las-tres-erres-reducir-reciclar-y-reutilizar); proposes the implementation of clean technologies to avoid further wear and tear and helps to restore damaged ecosystems (see www.responsabilidadsocial.net/ecosistema-que-es-definicion-tipos-caracteristicas-y-ejemplos). It also recognizes the importance of nature for human well-being and encourages self-sufficiency in each region.

When do we talk about sustainability?

  • When we seek a way for economic activity to maintain or improve environmental systems.
  • To ensure resources are used efficiently.
  • When promoting maximum recycle and reuse.
  • When proposing implementation of clean technologies.
  • To restore damaged ecosystems.
  • For encouraging regional self-sufficiency.
  • When recognizing the importance of nature for human well-being.

Dimensions of sustainability 

According to the United Nations Educational, Scientific and Cultural Organization (UNESCO) Program, “Educating for a Sustainable Future,” there are four dimensions of sustainability: 

  • The Social Sustainability pillar links the values and principles of peace and equity for all people. 
  • The Ecological or Environmental Sustainability pillar, which focuses on the conservation of the environment and human resources. 
  • The Economic Sustainability pillar, which is related to the proper and ethical development of the business and the private sector. 
  • The Political Sustainability pillar, which deals with democracy and the governability of countries and their states.

These four dimensions are intertwined with the purpose of creating a balance between society, business, and the environment. In turn, these elements must be framed by governance, the latter acts through a series of International and National Regulatory Frameworks.

Sustainable Development Goals (SDGs)

The 2030 Agenda for Sustainable Development was adopted by all UN member states at the United Nations Sustainable Development Summit in 2015. In a world that is walking towards its extinction, the 2030 Agenda was born as a path for hope. It provides a comprehensive and ambitious framework to help countries, companies, and society in general to address these pressing needs, thus making the construction of our planet, society and economy more inclusive and sustainable for both present and future generations. 

The 2030 Agenda created 17 Sustainable Development Goals (SDGs) in response to the need to address the most pressing global challenges, such as poverty, inequality, climate change, environmental degradation or lack of sustainable development.

According to the United Nations Development Programme (2017), the Sustainable Development Goals (SDGs), also known as Global Goals, are “a universal call to action to end poverty, protect the planet and ensure that all people enjoy peace and prosperity”. 

The 17 Sustainable Development Goals 

Sustainable practices

Good sustainable practices could be followed to improve and optimize the relationship between our actions and the planet. Some of the most traditional and innovative examples and those of greatest relevance for sustainable development are as follows:

  • Inorganic waste, mainly glass, plastic, paper, cardboard and scrap or metal, can be recycled to be transformed into materials for domestic and/or industrial use such as packaging, bags, bottles, among others. 
  • Biodegradable waste, mainly vegetable peels, food waste, flowers, leaves, and eggshells, among others, can be recycled and processed to be used as fertilizer for plants in agriculture and gardening. 
  • Solar power plants use sunlight to produce electricity. It is a clean and renewable type of energy that helps protect the environment, improve people’s well-being and guarantee the sustainability of businesses. 
  • Wind farms are facilities with wind turbines that use wind power to generate electricity, thus becoming a clean alternative for power generation. 
  • Wave energy is produced from the force of waves, whose movement produces hydraulic pressure, which is transmitted to floating buoys to later be converted into electricity. It is a very efficient, renewable and clean energy that is currently being explored. 
  • Organic agriculture is based on the optimization of the use of natural resources, without using chemicals or genetically modified organisms. Its objective is the production of organic food without neglecting the protection of soils and resources. It also reduces the greenhouse effect and increases fertility.
  • The use of rainwater, as raw or untreated water, is essential to avoid wasting this important non-renewable natural resource. Through the use of rainwater, the existence of groundwater is saved, the energy expenditure for the treatment of drinking water is reduced, and rainwater treatment plants and sewers are discharged.
  • A solar bike path is an ecological transportation system, designed for the circulation of bicycles, it is charged during the day with solar energy and shines at night. It is an alternative transportation route that, in addition, can be used to power electric vehicles, food service and lighting stations, or simply go to the electricity transmission networks. 
  • Likewise, the use of electric vehicles, already known worldwide, is a sustainable alternative for transportation since it does not pollute the environment or produce noise pollution.

Sustainability, intellectual property and the destruction of counterfeits

With the above-mentioned sustainable practices in mind, it is worth highlighting the destruction practices of products seized for trademark infringement and how brands and law firms could be involved in promoting sustainability in this area.

As an example, the Uruguay Trademark Law No. 17.011, Article 84, section 2, and Law 9.739, Article 46, section C, mandate the confiscation and destruction of seized infringing goods. These destructions generate waste from various counterfeit products of major brands (such as toys, footwear, perfumes, makeup, etc.). Previously, the destruction methods involved burning, burying, or storing them in warehouses for months or even years, incurring additional expenses.

See the case studies below for examples of projects aimed at reducing the environmental impact of counterfeit product destruction by transforming discarded materials into valuable resources for the community. 

CASE STUDY: Score Green Campaign 

South American law firm Cervieri Monsuárez, in collaboration with public institutions, clients, and private companies, devised the Score Green campaign in response to significant waste generation and the practice of burning and then burying seized counterfeit products. The aim was to promote the reuse of destroyed materials for social and educational purposes. The result is the creation of an unconventional board material, obtained through the destruction and recycling of counterfeit products, or textile items such as letterheads. This was then used to create basketball backboards for donation to educational centers. The aim was not only to practice sport, contribute to children’s health and facilitate their education, but also to promote the concept of the circular economy and care for the environment. 

This project was officially launched in Uruguay in March 2022 when agreements were signed with the “LET’S GO, TEAM!” program of the National Sports Secretariat (SND) as well as with the National Administration of Public Education (ANEP); both Uruguayan state agencies. In addition, Score Green joined the Rotary Club “Camino de los Horneros” and the General Directorate of Technical and Vocational Education (DGETP - UTU). Through this initiative, they have manufactured and donated 28 basketball boards to 12 schools in Uruguay, aiming for one school per city, collaborating with 14 brands (so far) and using the equivalent of 10 containers of counterfeit products. The idea is to expand this practice to other territories throughout Latin America and achieve international reach. Additionally, to extend it to other public spaces such as public schools, sports clubs, rehabilitation centers, and public squares.

The Score Green campaign aims to implement at least four of the UN SDGs – (8) decent work and economic growth; (9) industry, innovation and infrastructure; (12) responsible consumption and production; and (17) partnerships to achieve goals. As such, it has been recognized by the DERES Awards (Corporate Social Responsibility and Sustainability) at the DERES ODS Conference in 2021, 2022, and 2023, with a distinction for sustainable development and corporate social responsibility, an honor in the commitment category, a special recognition for “Best Practices,” and an additional recognition for “Inspiring Practice.”

CASE STUDY: Entre Manos Campaign

Entre Manos is another project spearheaded by Cervieri Monsuárez, aiming to reduce the environmental impact caused by the destruction of counterfeit textile products and reintroduce textile waste into the market in an innovative way. The project started in Paraguay and will later be extended to the entire region.

This project was officially launched in March 2023, with the signing of agreements with the Paraguayan Attorney General’s Office.

The Entre Manos project offers a solution to brands for the recycling of seized counterfeit textile products, giving them a second chance through handmade products using a technique called “Poyvi,” a Guarani term meaning “thread” and a Paraguayan artisanal technique dating back to the 19th century. The main characteristic of the Poyvi technique is that the final products are the result of recycling. This technique involves handcrafted work that is mostly carried out by women, thus, not only contributing to a circular economy, but improving the quality of life for women by providing them with support and employment.

The seized products consist of T-shirts and other textile products made from various components, including cotton, nylon, polyester, and other materials. After confiscation, these products are sent to Poyvi weaving workshops where they are classified, cut into fine pieces, and then woven on large looms to obtain a final product such as rugs, backpacks, tablecloths, placemats, and hammocks.

The ultimate goal is to donate these products to public schools, hospitals, or public institutions in vulnerable sectors of Paraguay, and then extend them to all of Latin America, thus generating a significant social, educational, and environmental impact.

The campaign received awards related to sustainability and equity: International Trademark Association (INTA) 2022, Winners of the Green Swag Awards. A proposal was made to create eco-friendly gifts made from the plastic of seized products and in 2023 it received the INTA Better Society Award.

Businesses sharing their vision of professional actions and initiatives aimed at caring for the environment, such as the case study examples above, could inspire others to follow this path towards sustainability.

Clearly, sustainable development is a multi-attribute function, not easy to define, but which certainly requires interdisciplinary and transdisciplinary work to imagine, innovate, design, and dare to build different realities that include a systemic vision. Without a doubt, it is a very complex task, but of great importance to promote the integral development of the human being, thinking about new generations and the care of the earth, as its true home.

Those who have the privilege to know, have the duty to act.

Albert Einstein

Comparative Guide


Contributing Firm


EXPERT ANALYSIS

The importance of sustainability

Virginia Cervieri
Viviana Cervieri

Chapters

Brazil

Tânia Aoki Carneiro

Canada

Lorne M. Lipkus
Melissa J. Tarsitano

China

Epstein Drangel - IP Counselors Beijing

Greece

Alkisti-Irene Malamis

Guatemala

Gustavo Noyola

Israel

Roy Kornick

Mexico

Diana K. Martínez
Roberto Arochi

Nigeria

Toyosi Odunmbaku
Uma Omai

Peru

Adriana Barrera
Carlos Farfan
Maria Inés Herrera
Carlos Pulcha

Spain

Gonzalo Barboza
Ana Victoria Corte
Blanca Martínez Carbajo
Natalí Sevillano

Ukraine

Alexander Pakharenko

United Kingdom

Fiona Lawson
Simon Barker

United States

Ashly E. Sands
Danielle S. Futterman
Gabriela N. Nastasi
Grace A. Rawlins
Jason M. Drangel
Kerry B. Brownlee

Uruguay

Daiana Pereira
Lucía Cantera
Virginia Cervieri

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