Standardizable Challenges Faced By Solid Waste Producers Due To Rise Of Waste Management Patents In India: Identifying The Common Problem Faced By Solid Waste Producers From Different Sectors
Leelesh Sundaram, B.B.A LL.B (Hons), (LLM – Commercial Law), Saveetha School of Law, Saveetha Institute of Medical and Technical Sciences , (SIMATS) Saveetha University
ABSTRACT
As a result of strict enforcement of laws and administrative functions including the interventions of the judiciary various sectors including individuals have taken their own steps in solid waste disposal and management. One such important and interesting step, taken is creation of patented process in waste management. These patented processes cannot be used by the other as a monopolistic right is provided to the patent holder .In this juncture a natural ambiguity arises with respect to the issues and challenges faced by waste producer in adapting a solid waste management process as a result of rise in patented processes, since patented process cannot be used by the other. Therefore this research is done with an aim to identify the impediments faced in waste management due to the rise in patented waste management processes. By virtue of non probability convenience sampling having sample size of 1758, using chi square and correlations test as statistical tools for analysis, it could be found out that there are impediments in waste management as a result of rise in patents. The impediments relating to waste management as a result of rise in patents include inability to attain standards prescribed by government, high cost incurred and the risk of patent infringement. The study put forth the recommendations as Government need to make a prescribed universal waste management process for the purpose of avoiding these impediments, More stringent evaluation of patenting process need to be carried out and patent infringement must be determined on the basis of necessity as an exception.
Keywords: patent, waste management, disposal, solid waste, impediments.
