Patenting The Future: Reconciling Innovation And Access In India’s Clean Energy Transition
- IJLLR Journal
- 5 days ago
- 1 min read
Mrudubhashini Uma Sriram, B.Com; LL.B. (Hons.), School of Law, SASTRA Deemed University, Tamil Nadu
ABSTRACT
Clean technology is a key element of India’s ambitious climate policy, which resolves to achieve 500GW of non-fossil capacity by the year 2030 and net- zero emissions by 2070. It is not for the lack of improvements that problems persist in capacity expansions; including storage shortages, grid instability, and $160 billion shortfall in investments. In this aspect, intellectual property rights are pivotal as they influence both innovation incentives and the availability of affordable clean energy technologies. It is only the pharmaceutical patents under the India’s Patent Act, 1970, that have been researched rather extensively and very little is known about the Act’s applicability to renewable energy technology. This paper addresses this gap by analysing the provisions of the act, including section 3(d) and compulsory licensing, bearing in mind the national frameworks such as Green Hydrogen Mission, Made in India, and the National IPR Policy. A comparative study of the EU, China, and the US reveals disparate strategies: the EU’s access- oriented model, China’s state-led tactic, and the robust pro-patentee regime of the US. This paper argues that India requires modifications in its patent system which can be achieved by implementing policies like patent pools, compulsory licensing, and quicker review of green patents. Such reforms can match India’s intellectual property laws with its development objectives and climate by striking a balance between innovation and accessibility.
Keywords: Clean Energy Technologies, Indian Patent Act 1970, Compulsory Licensing, Innovation and Accessibility, Climate Policy and IP Law
