GREEN INNOVATION AND INTELLECTUAL PROPERTY RIGHTS

Nihaarika Prudhvi, Associate – Intellectual Property Rights Practice

Over the past decade, green innovation literature has evolved and expanded in response to its widespread and essential applications alongside the advancement of environmental awareness and the provision of green services, in this article let us learn more about green innovation and IP rights.

GREEN INNOVATION:

Green innovation is the process of developing and implementing technologies that reduce the environmental impact of human activities. Green innovation can help address the challenges of climate change, pollution, resource depletion, biodiversity loss and social inequality. Green innovation can also create new opportunities for economic growth, job creation and social welfare.

However, green innovation faces many barriers, such as high costs, market failures, regulatory uncertainties and lack of awareness. One of the key factors that can facilitate or hinder green innovation is intellectual property (IP) rights. IP rights are legal rights that protect the creations of the human mind, such as inventions, designs, trademarks and artistic works. IP rights can provide incentives for green innovators to invest in research and development, disclose their knowledge and collaborate with others. IP rights can also enable green innovators to access markets, finance and technology transfer.

On the other hand, IP rights can also pose challenges for green innovation, such as restricting access to essential technologies, creating monopolies and conflicts, and increasing transaction costs and litigation. Therefore, it is important to design and implement appropriate legal frameworks that balance the interests of green innovators and the public interest.

In this article, we will explore some of the legal frameworks for green innovation and IP in India, a country that is facing significant environmental and social issues, but also has a potential to become a leader in green technologies.

INDIA’S GREEN IP IMPORTANCE:

Our IP framework has to be developed, expanded, and made more beneficial and available on a global scale immediately. Furthermore, the focus ought to be on advancing green technology innovation as well as disseminating and embracing green innovations internationally. This facilitates the export of green technology to other countries and encourages customers to select eco-friendly goods and services. The role that intellectual property rights play in fostering technological innovation and the transfer and dissemination of technology for the mutual benefit of producers and users of specialized knowledge is highlighted in Article 7 of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. The necessity of striking a balance between rights and obligations in order to advance social and economic welfare is also emphasized.

PATENTS

Patents are IP rights that grant exclusive rights to inventors for a limited period of time, usually 20 years, in exchange for disclosing their inventions to the public. Patents can protect technical innovations that are new, inventive and industrially applicable.

Patents can play a positive role in green innovation by encouraging inventors to disclose their inventions, which can stimulate further research and development, and by allowing inventors to license or sell their patents, which can generate revenue and facilitate technology transfer.

However, patents can also have negative effects on green innovation by creating barriers to access essential technologies, especially for developing countries and low-income groups, and by increasing the risk of patent disputes and litigation, which can divert resources and hamper collaboration.

To address these issues, India has adopted several measures in its patent law and policy, such as:

• Excluding certain subject matters from patentability, such as plants, animals, traditional knowledge and methods of agriculture or horticulture – disclosed in section 3 of Indian patent act 1970.
• Providing compulsory licensing provisions that allow the government or a third party to use a patented invention without the consent of the patent holder under certain circumstances, such as public health emergencies or non-working of the patent.
• Establishing patent pools that allow multiple patent holders to share their patents under a common agreement, which can reduce transaction costs and increase access to technologies.
• Providing incentives for green patent applicants, such as expedited examination and reduced fees.

TRADEMARKS

Trademarks are IP rights that protect distinctive signs that identify the source or quality of goods or services. Trademarks can help consumers to distinguish between different products or services in the market and to make informed choices based on their preferences.

Trademarks can support green innovation by enabling green innovators to create brand value and reputation for their products or services, which can increase their market share and customer loyalty. Trademarks can also help consumers to identify genuine green products or services from counterfeit or misleading ones.

However, trademarks can also create challenges for green innovation by allowing trademark holders to prevent others from using similar signs, which can limit competition and diversity in the market. Trademarks can also be misused or abused by trademark holders or third parties to deceive consumers or harm competitors.

To address these issues, India has implemented several measures in its trademark law and policy, such as:

• Providing protection for collective marks and certification marks that indicate membership of an association or compliance with certain standards or criteria.
• Providing protection for geographical indications that identify goods or services originating from a specific region or territory with a particular quality or reputation.
• Providing protection for well-known marks that enjoy a high degree of recognition among consumers across different markets.
• Providing enforcement mechanisms against trademark infringement and unfair competition, such as civil remedies, criminal sanctions and administrative actions.

COPYRIGHT AND DESIGNS

Copyright and designs are IP rights that protect the expression of ideas and the aesthetic features of products or articles, respectively. Copyright and designs can encourage green innovation by allowing creators and designers to protect their original works and products, which can increase their recognition and reward.

However, copyright and designs can also create challenges for green innovation by limiting the access and reuse of existing works and products, which can hinder the diffusion and adaptation of green technologies. Copyright and designs can also be affected by new forms of creativity and innovation, such as artificial intelligence (AI), which can generate works and products that may not fit into the existing legal frameworks.

To address these issues, India has taken some steps in its copyright and design law and policy, such as:

• Providing exceptions and limitations for fair use, education, research, public interest and other purposes that allow the use of protected works and products without authorization or payment.
• Providing protection for traditional cultural expressions that reflect the cultural identity and heritage of indigenous and local communities.
• Providing protection for computer programs that enable the creation, operation and improvement of green technologies.
• Providing protection for integrated circuits that are essential for the functioning of electronic devices and systems.
• Providing protection for layout designs of integrated circuits that are the result of intellectual effort and are not commonplace.
• Providing protection for databases that are collections of independent works or data arranged in a systematic or methodical way.
• Providing protection for sui generis works that do not fall under any of the existing categories of works, such as AI-generated works.

CONCLUSION:

In conclusion, the worldwide bid to promote sustainable technology and attack environmental enterprises necessitates establishing and guarding green inventions. The hookups of governmental bodies, commercial realities, and global associations punctuate the participated fidelity to promoting creativity and information exchange. The pressing need for strong IP protection has arisen from the need to save natural coffers and reduce environmental pitfalls.

Substantial intellectual property rights are essential for green technology companies to cover their inventions and enable knowledge transfer. Eventually, this protection helps produce a more sustainable and ecologically sensitive future by encouraging invention and commercialization of green technology. The limited force of non-renewable resources highlights the need for a change to a further sustainable way of living.

Further excellent protection of intellectual property rights is essential to this process, and green technologies are pivotal to this shift. IP protection facilitates the creation, relinquishment, and transnational dispersion of technologies. These technologies are critical for mollifying climate change, advancing environmental sustainability, and developing a further resource-effective frugality. transnational cooperation and bolstering intellectual property rights protection are pivotal in putrefying new transnational environmental regulations. also, it also helps propel the shift to a more environmentally friendly and sustainable future.

BIBLIOGRAPHY:

• https://www.sciencedirect.com/science/article/abs/pii/S095965262032521X
• greenerideal.com
• depenning.com
• https://www.mondaq.com/india/patent/1419990/