View of GREEN IP- A WAY FORWARD TO SUSTAINABILITY

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ACCENT JOURNAL OF ECONOMICS ECOLOGY & ENGINEERING Peer Reviewed and Refereed Journal, ISSN NO. 2456-1037

Available Online: www.ajeee.co.in/index.php/AJEEE

Vol. 06, Special Issue 04, (ICESD-2021) June 2021 IMPACT FACTOR: 7.98 (INTERNATIONAL JOURNAL) 34 GREEN IP- A WAY FORWARD TO SUSTAINABILITY

Madhavi Tarani

Asst. Prof, St. Paul Institute of Professional Studies, Indore

Abstract - Looking at today’s scenario, it is really important to encourage green technologies and its protection. By Intellectual Property rights the best protection is possible to this new concept which is really a need of hour. Along with that by commercializing, licensing more &more diffusion is possible so that maximum benefits can be availed by the globe. In this paper, discussion is about on how Green IP can open a way for sustainable development.

Keywords: Green Technology, IP, Development & Diffusion of Technology 1. INTRODUCTION

For continuous survival of human existence, going green is not an option but necessary. In 21^st century it is imperative to build a way forward to a green future, Across the globe, the impact of climate change and need to act to preserve the environment is felt. Governments, Companies and Bureaucrats have unitedly began to take steps to provide protection for the climate change and the adversities arising out of it.

To global climate crisis as a difficult-to-deal challenge, technology is progressively recognized as a solution to this problem. In today’s scenario of technological advancements, there is a need to establish a strong innovation system and easy access to effective national Intellectual Property systems that maintains the development of technology, products and services necessary for evolution of a green future.

To provide protection to such advancements, innovations & creativity in the country and worldwide IP system plays an important and an enabling role in this drive.

2. OBJECTIVES OF STUDY

1. To know about Green technology

2. To know about how IPR can encourage Green Technology

3. To know about how green technology can lead to sustainable development.

2.1 Green Technology

The term 'Green Technology' means any kind of clean or environmental friendly technology. It further relates to the products and innovations of devices used in environmental science, green chemistry, environmental monitoring, promote sustainability and conserve the natural environment.

Green technology comprises of different nature of products and systems.

The International Patent Classification Committee has developed an "IPC Green Inventory" which makes searches easy for patent information with regard to green technology.

IPC Green Inventory includes following categories of technology:

1. Alternative Energy Production;

2. Energy Conservation;

3. Nuclear Power Generation;

4. Transportation;

5. Waste Management;

6. Agriculture Forestry; and

7. Administrative, Regulatory and Design Aspects.

By adoption of green technologies global warming caused due to emission of greenhouse gases, allow us to conserve the non-renewable energy and find alternative sources of energy namely; wind, solar, biomass, etc.

2.2 Green Intellectual Property

Intellectual property rights are very important to the development & advancement of technology as they are meant in the form of proprietary rights, which may further be transferred, licensed, assigned and protected against infringement.

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ACCENT JOURNAL OF ECONOMICS ECOLOGY & ENGINEERING Peer Reviewed and Refereed Journal, ISSN NO. 2456-1037

Vol. 06, Special Issue 04, (ICESD-2021) June 2021 IMPACT FACTOR: 7.98 (INTERNATIONAL JOURNAL) 35 It is important to know that one reason of granting monopoly rights under the IP system was to promote & encourage environmental benefits & technological innovation. It was the need of hour that by way of Green IP, Green technology should be developed &Protected.

The term 'Green Intellectual Property' refers to providing protection to innovations in the area of green technology. Here innovations are legally protected which are helpful to environment in one or the other way.

By reducing the plausible hazards caused to the environment due to increasing globalization, urbanization and human intervention, advent of green technologies tend to protect the environment. Therefore, it is very necessary to take a step for providing a quick procedure for protection of Green Intellectual Property. Apart from this, effective Green IP system along with government initiatives and commercialized approaches may provide for the most effective & efficient base for green technologies.

Keeping in mind the lots of benefits arising out of Green IP, developing countries, like India, need to develop access their IP system and fasten up the process of grant of Green IP protection. Apart from above, there can be repository for the database having innovations related to green technologies so that its access can be easy for the end users, innovators, industry eagles & technical experts across the globe.

3 NEED OF GREEN IP

Though there is a continuous rise in demand of carbon-based energy sources considering it as infinite global energy demand, it is very clear that it is very essential to conserve the limited and finite natural resources for the development of the human race & sustainable development.

3.1 Patent

Patent protection plays the most crucial role, in order to enhance innovation and develop Green Technology. In India, patents are governed by the Indian Patent Act, 1970.

A patent is an exclusive right that is granted for an invention, which is a process or a product that provides offers a new technical solution to a problem or a new way of doing something.

Grant of Patent protection safeguards the inventor’s novel and unique invention in terms of its originality and utility, developed to meet the exclusive specifications.

Additionally it works as a generator of value and further opens the scope for future technology collaboration which helps in technological development & diffusion.

3.2 Trade Secret

This Trade secret includes proprietary knowledge, confidential information and technical know-how which is used by the various businesses as an alternative option to take the benefit of the technological developments commercially. Trade Secrets are not that much protected in India as there exists no legal rules on the same, however, Indian Courts have stated trade secrets under various statues including Copyright Act, Indian Contract Act, principles of equity and at times the common law action of breach of confidential information.

Trade Secret is heart and soul of every business and plays an important role in protecting the channels for exchange of know-how by developing a safe zone for the transmission of secret information and proprietary knowledge of the businesses.

All nation should try for innovation and protection of trade developments in order to encourage more & more investments in technological advancement. In relation to green technology, trade secrets acts as fundamental for both the developed and the developing nations and there exists a positive co-relation between R&D and trade secret protection.

Without such trade secret protection, companies may be interested for investing in physical protection of their secrets rather than investing in technological innovations.

So, there exists a need to develop, improvise and make our IP system more approachable and facilitating across the world by adoption of following approaches:

 In the field of green technologies, encourage innovations.

 To promote & spread green technologies worldwide;

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ACCENT JOURNAL OF ECONOMICS ECOLOGY & ENGINEERING Peer Reviewed and Refereed Journal, ISSN NO. 2456-1037

Vol. 06, Special Issue 04, (ICESD-2021) June 2021 IMPACT FACTOR: 7.98 (INTERNATIONAL JOURNAL) 36

 To motivate consumers to ask for products and services which integrate green technologies

 To allow the transfer of green technologies to other nations.

4 ROLE OF IP RIGHTS IN GREEN TECHNOLOGIES

In 2013 the World Intellectual Property Organization (“WIPO”) joined the fight against global climate change by launching an on-line marketplace for green technology called WIPO GREEN; a platform focused at accelerating the spread & development of green technologies through connecting developers & technology owners with individuals looking to commercially making available, license and distribute green technologies to provide solution to global environmental challenges. In 2019 WIPO announced that the platform had reached a milestone, 3,000 entries. Once developers have protected their IP there is more chances & incentive to commit the IP to partnerships, ventures sand generally diffuse their potentially-world-changing technologies, while affording them some protection over their own investment.

 Patents play an important role for more innovation and investment of green technologies, Patents do provide temporary exclusive rights that make companies efficient to obtain a part of the added value of their inventions and the investments made, in order to develop and introduce them to market. In addition to this, they work as future value generators, in particular towards investors and future partners. Patents undergoes numerous types of technology collaboration and plausible partnerships, which enhance technological spread and development. For instance, collaboration between start ups & government could help meet the climate challenges while growing small businesses. The University of Cambridge (2019) stated that the patent activity of new green technology startup companies in the US rapidly increases over 73% on average every time there is a collaboration with a government agency towards green-tech development.

 With every published patent, the recording of the patents becomes a hub with the most innovative and strong information related to the newest technologies. It comes out as a collection of information and knowledge that can be helpful to other parties in the decentralization of technologies, as, for example, a good technology found in the UK related to solar energy, can be adapted to solar energy-rich countries like Egypt and Libya.

 Trade secrets are a key element on green technology diffusion in every country, Trade secrets includes confidential information that is either unsuitable for patenting or is strategically protected as trade secrets as an alternative to patenting.

It is invariably commercially valuable. Trade secrets play a vital role of protecting the channels for know-how transfer by providing a safe setting for the spread of proprietary knowledge. Trade secrets often protect tactic knowledge which is related to the processes of adapting, improving & implanting patented technologies. Trade secrets relating to green technologies is very crucial for both developed and developing countries that need to adjust green technologies according to their local conditions.

 IP works as a source of invention and diffusion through Open Innovation, Green technology comes under the bracket of “open innovation”; where companies goes with external stakeholders and collaborators to work on innovation. As there is frequent a high degree of difficulties regarding environmental technologies, and due to the global scope of climate change and environmental concerns, open innovation supported by strong IP rights protection is needed to add more details to the invention and diffusion of these technologies.

 Joint agreements that involve the private & public sector, along with research institutions and organizations, have had successfully worked on developments and spread of green technologies. WIPO Green is one of these agreements. Another is the Eco-Patents Commons initiative by IBM, Nokia, Sony and Pitney Bowes. Established in 2008, this not-for-profit initiative that gives royalty-free access to different type of patents covering environmentally friendly inventions with the purpose of encouraging the spread of valuable green technologies; these include water

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ACCENT JOURNAL OF ECONOMICS ECOLOGY & ENGINEERING Peer Reviewed and Refereed Journal, ISSN NO. 2456-1037

Vol. 06, Special Issue 04, (ICESD-2021) June 2021 IMPACT FACTOR: 7.98 (INTERNATIONAL JOURNAL) 37 conservation, recycling, pollution prevention, energy conservation, among other technologies.

 Stronger IP rights on green technologies enable scalability, the Clean Energy Patent Growth Index reported an upwards trend in green patents applications globally since the early 2000’s, with the majority focusing on alternative and renewable energy sources, including wind, sun, geothermal, hybrid vehicles and biofuels. IP protection encourages green technology creation, adaptation and distribution.

Climate change is a reality & Non-renewable resources are finite. Now a days, it is kind of compulsory to go for a change that leads to more sustainable lifestyle based on green technologies, which is part of the development of new global environmental policies.

5 CONCLUSION

To create more & more interest towards & development of Green technology, companies work with external stakeholders and collaborators to have growth for innovation. These technological developments do involve high risk and great investments and therefore to escalate and magnify the invention and spread of green technologies, innovation must be protected by strong IP rights protection.

Strong IP protection encourages green technology creation, adaptation and distribution. Exhaustion of non-renewable resources is being at a very fast pace and the availability of the same is fixed. So, it is necessary to look for a change towards a green technology based more sustainable lifestyle which is a important part of the development of new global environmental policies and a stronger protection of IP rights is an integral part of this process.

REFERENCES

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