IMPACT OF INTELLECTUAL PROPERTY IN DEVELOPING GREEN TECHNOLOGY

 

 

We are celebrating this year’s World Environment under the dark shadow of COVID-19 Pandemic. The pandemic that has presented several challenges before the global and interconnected world economy and the effort to balance Climate Change. With the increased numbers of cyclones, heat waves and untimely rains we all have realized that the Climate change is a reality and all round efforts are required to prevent the possible threats to the human habitat on our plant earth. In the light of the battle to protect the environment and the planet earth for our future generations and encourage the industries to adopt green processes. Intellectual property is an important component to encourage and promote the invention and entrepreneurial ecosystems, and it will not only foster technological advancement, but help to protect the mother earth. Therefore, on this World Environment Day, 2021 we are attempting to highlight the importance of the Intellectual Property to foster innovation for a green future.

Fostering innovations is one of the purposes of IPR. Intellectual property rights are critical to the advancement and development of technology because they are viewed as proprietary rights that may be transferred, licensed, assigned, and protected from infringement. The number of Intellectual Property applications has skyrocketed over the world, particularly in the field of Patents. In 1992, there were only 25,419 applications under the Patent Cooperation Treaty (PCT), which was managed by WIPO; in 2011, there were a total of 182,120 PCT applications. IPRs, particularly patents, have become significant assets in the modern economy for firms trying to gain market shares and control competitors. Particularly green innovations are less than compared to IT technology innovations. Only fostering innovation will not serve purpose unless and until we also focus on fostering green innovations.

Innovations with sustainable development strategies will also play a big role in climate change. Significant study has also been shown that intellectual property rights play an essential role in climate change mitigation. Whereas intellectual property rights may be viewed as a helpful instrument to aid in the development and spread of green technologies, they may also be viewed as a barrier to a worldwide effort to mitigate climate change. As a result, it is apparent that intellectual property rights have an influence on the development of green technology. Green technology is defined as technology that promotes sustainability, reduces greenhouse gas emissions, or aids in the fix to climate change. Intellectual property rights may have aided in the development of climate-changing technologies, but they have also aided in the creation of green technology. There is a higher awareness and need for ecologically friendly and sustainable activities in today's world. Green technology encompasses a wide range of goods and systems. Consumers who are becoming more environmentally concerned are also increasing their desire for 'green' items. 

 

In addition to the foregoing, a database in the form of a repository containing developments linked to green technology may be built in order to assist inventors, technical experts, end users, and industry eagles all over the world. For this, licensing green innovations are essential but in practice of IP Rights, licensing is not sufficiently used in the field of green technology because:

  • Inadequate technical and patent/licensing knowledge and skills,
  • frail infrastructure,
  • lack of knowledge concerning patent law, etc. in the recipient country,
  • insufficient capital and/or financial support,
  • lack of suitably skilled staff,
  • favorable market conditions.

 

 

As a result, there is an inescapable necessity to improve, develop, and make our intellectual property system more accessible and convenient throughout the world by using the following approaches:

  • to foster innovation in the field of green technology
  • to spread and promote green technology on a global scale;
  • to persuade people to prefer products and services that use green technologies; and
  • to allow the export of green technology to other countries

  • IPC Green Inventory? If yes, how?


    WIPO launched an effort on September 16, 2010. It is an online portal linked to the International Patent Classification (IPC) system that streamlines patent searches for environmentally friendly technology (ESTs). The following technological categories are included in the IPC Green Inventory:

    Alternative Energy Production;

    Energy Conservation;

    Nuclear Power Generation;

    Transportation;

    Waste Management;

    Agriculture Forestry; and

    Administrative, Regulatory and Design Aspects.


  • Are Clean Energy Research Centre?


    Initiated in 2009 by the United States and China to allow cooperation research and development of sustainable energy technology by specialized teams of researchers, scientists, and engineers from both nations. A US-China Renewable Energy Forum has also been created to enhance collaboration on intellectual property issues connected to renewable energy. In 2010, India and the United States formally signed an agreement to collaborate on a joint Clean Energy Research Development Centre.


  • Joint Clean Energy Research and Development Centre (JCERDC)


    An effort created in 2009 by the United States and India to enhance clean energy and address global energy and environmental sustainability concerns. In 2017 by expanding JCERDC has taken the lead in sponsoring innovative research in two areas crucial to enhancing the dependability, flexibility, and efficiency of the energy distribution system: Smart Grids and Energy Storage.


  • Green Technology Pilot Programme? 


    The United States Patent and Trademark Office (USPTO) established it in 2009 to expedite the assessment of patent applications pertaining to energy conservation, environmental protection, green technology, and carbon emission reduction. The Office is no longer accepting Petitions to Make Special Under the Green Technology Pilot Program or requests for reconsideration based solely on a defective original petition.


  • The Eco-Patent Commons


    In February 2008, significant multinational corporations such as Sony, IBM, Nokia, and others launched an innovative green community with the World Business Council for Sustainable Development (WBCSD). This community's goal is to exchange information and patents on the environment, energy conservation, pollution avoidance, recycling, and water conservation. This community is open to all participating organizations as well as third parties, and no registration or notification is necessary to access the protected technology. Nokia, for example, provided to the community a patent for recycling mobile phones. This patent is available in “The Eco- Patent Commons,” where third parties can access it without paying a royalty fee. Currently, the commons did not increase the diffusion of pledged inventions, and that the EcoPC suffered from a number of structural and organizational issues.

Conclusion:

A good IP strategy can foster growth in every sector, particularly in fast developing industries like green technology. Fast tracking green patent application with no increasing cost of patent applicants and liberal rules can trigger the process of green inventions. The fact that climate change impacts every single individual on the planet, as well as future generations, distinguishes green technology from traditional technology and justifies special consideration. Intellectual property laws undoubtedly have an influence on the development and dissemination of green technologies. The question is whether the impact impedes or supports the growth of green technology dissemination, and if so, if the effect necessitates and justifies implementing actions to enhance development. Strong intellectual property protection helps the development, adoption, and dissemination of green technologies. Nonrenewable resources are being depleted at an alarming rate, and their supply is limited. To both foster green innovation and guarantee that its advantages are equitably distributed, intellectual property should be seen in the context of appropriate laws, competent institutions, and human resources, rather than on traditional moral considerations.