Patent Law And Climate Commitments: Comparative Lessons For Bridging India’s Green Innovation Gap
- IJLLR Journal
- 2 hours ago
- 1 min read
K Chaitanya, LL.M. (Intellectual Property Rights and Trade Law), School of Law, CHRIST (Deemed to be University), Bengaluru
ABSTRACT
The global transition towards a decarbonized, carbon-neutral world has laid more emphasis on using green technology to improve innovation and sustainability. The misalignment in the current Indian patent system with global requirement of technological transformation driven by climate imperative, is the core argument of this study. It analyses the Patents Act, 1970 and its ability to serve as an instrument of climate change mitigation and industrial policy. Using the prism of double market failure, it indicates that although patents can solve the problem of knowledge spillovers, they have no effect on the environmental externalities that hinder use of green technologies. The study assesses Section 3(d), compulsory licensing, and the working requirement, which form a culture of interpretation prioritizing equitable access and public health. A comparative analysis of efficient green patent systems in other jurisdictions, indicate that the United States invokes the Bayh-Dole model to overcome the gap between technology transfer and equitable access, whereas Europe applies the Y02 classification model for normative integration. The Indian Patent regime has a “Green Patent Paradox”, where individual interests prevail over the need to tackle climate crisis. The patent system thus has to evolve to accommodate the growing demands of climate change, the goals to achieve carbon neutrality, thus facilitating public interest.
Keywords: Green Innovation; Double Externality; Section 3(d); Climate Industrial Strategy; TRIPS Flexibilities.
