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Alliance Center for
Intellectual Property Rights


GREEN TECHNOLOGY: A WAY FORWARD

December 1, 2024

*Ms. Mahek Mahemood Panjwani

INTRODUCTION

A Patent is an exclusive right given to an inventor for his invention. Such exclusive right is given to sell, use, produce and exploit the invention for a period of 20 years. However, a patent is only given when the technology is novel, non-obvious and has industrial application. Any invention for which the patent has been filed shall be new and it must have never been disclosed in public before the date of its filing. Once the patent is granted, the inventor gets negative right i.e., such person can sue anyone who infringes his right on the patent.

A patented technology plays a vital role in innovation and economic growth of a country as it encourages the people to disclose their invention and to invent more which would then lead to commercialising the invention and disclosing it to the public.

Article 7 of the TRIPS Agreement states that:

“The protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge, and in a manner conducive to social and economic welfare, and to a balance of rights and obligations.”

By creating and safeguarding GreenIP (Intellectual Property), the main objective of Green IP is to stimulate technological advancement and cost-effective options. “Green IP” refers to safeguarding innovations in green innovation while making sure that the environment is protected.

An invention is patent not only with the purpose of economic growth, but some inventions are made for the protection and benefit of environment at large. Due to the climate change and rise of greenhouse gases there is a strict need to adopt the technology that can protect the environment. These inventions help us in creating a sustainable economy by helping us in reducing our carbon footprints, conservation of resources and promoting development of invention that would help us in protecting the environment and promoting sustainable development. Which is why these green patents play a vital role in adopting and using the technology that is environment friendly. Through the world there are various countries that have taken steps in promoting and revising the laws and policies of their country to promote the inventions.

There are various international organizations like UNEP and UNEP that have taken keen interest in creating a balance between inventor’s patent right and acceleration of the use in developing countries.

Though there still are various challenges that are thrown before the people some are from the people who are advocating for alternate paths beyond green patents, primarily from developing nations, are growing as the globe becomes more aware of the damage to the planet and its atmosphere. It will be interesting to see what these advocates have to say on a global scale. It is also debated whether or not to utilize compulsory licensing in the context of TRIPS and to consider climate-friendly innovation to be a public good. This development is further hampered by the limited availability of searchable databases and the need to emphasize their availability in order to further the mission.

GREEN TECHNOLOGY PATENTS
International

  • Tesla Motors: Tesla Motors is a renowned electric vehicle company. The firm has been granted a number of patents for its novel electric car technology, including patents for its battery technology, charging technology, and self-driving technology. Tesla's patents have assisted the firm in becoming a market leader in electric vehicles and attracting considerable investment from venture capitalists and manufacturers. 
  • SunPower Corporation: SunPower Corporation is a famous solar panel manufacturer. The company has submitted several patents for its innovative solar panel technology, including patents for its high-efficiency solar cells and lightweight, long-lasting solar panels. SunPower's patents have enabled the firm to become a market leader in solar panels and attract considerable investment from investors and the energy industry.

National

  • Tata Power Solar: Tata Power Solar is an Indian solar panel producer. The company has submitted several patents for its advanced solar panel technology, including patents for high-efficiency solar cells and lightweight, long-lasting solar panels. Tata Power Solar's patents have aided the company's rise to the top of the Indian solar panel market and attracted considerable investment from investors and energy firms.
  • Suzlon Energy: Suzlon Energy is an Indian wind turbine manufacturer. The company has received several patents for its innovative wind turbine technology, including patents for high-efficiency blades and low-noise turbines. Suzlon Energy's patents have aided the company's rise to the top of the Indian wind turbine market and attracted significant funding from venture capitalists and utilities.
  • GreenCell Mobility:  GreenCell Mobility is an electric bus manufacturer in India. The company has submitted a variety of patents for its advanced electric bus technology, including patents for high-performance batteries and a lightweight and durable bus body. GreenCell Mobility's patents have aided the company's rise to the top of the Indian electric bus market, as well as substantial financing from entrepreneurs and public transit authorities.

LAW AND INITIATIVES
India has a substantial and growing population together with a quickly expanding economy. India's shift to a green technology economy, offers a challenge as well as an opportunity. India must, on one hand, supply its population's increasing needs but on the other they need to find a more sustainable option to meet the needs and protect the environment. However, India has a chance to advance outdated technology and embrace cutting-edge renewable energy innovations.
The Indian patent laws have led to creation of environment friendly technology, which raise a community's standard of living while consuming less energy and materials. The patent system promotes ideas and inventions, which, if directed properly, can result in Sustainable development. Furthermore, since the patent laws are based on "hard law," which is composed of legally enforceable documents like treaties, rules, and regulations, it is appropriate for advancing sustainable development.
The development of Green Technology and innovation both depend heavily on patent protection. The Indian Patent Act of 1970 governs patents in India. A patent gives an inventor the exclusive right to forbid third parties from producing, utilizing, marketing, or otherwise profiting from their innovation without the creator's prior consent. An invention that is developed to fit exclusive standards and is novel and distinctive in terms of originality and utility is protected under the Indian Patent Act of 1970.
There has been a significant increase in the use of green technology in India. As of right now, the Indian Patent Office database indicates that about 6000 patent applications have been filed in the field of solar energy, and 10,000 in the field of renewable energy, which includes energy generation, wind energy, hydro wind electric power generation systems, solar thermal systems for residential use, and so forth.
Green or renewable technology patent applications are subject to the same thorough examination or scrutiny as regular applications, with respect to evaluation standards such novelty, ingenuity, and industrial usefulness. Still, there are barriers standing in the way of the patent applicant's quick patent approval. The lengthier period of time between submitting an application and getting a patent gives the applicant less time to commercialize and license their innovations, reap the benefits of a speedy return on investment, and apply them in the renewable energy industry. Improved protection and enforcement of patents can also provide foreign companies greater confidence to share technology with India.
Patent holders are in a stronger position to obtain the funding and resources they require to develop their innovations since they grant a legal right that may be sold, licensed, or asserted. Small-scale innovation, which frequently aims to assist resource-poor individuals in developing nations, is also aided by patents. With patent-protected technology, safe, affordable, and clean lighting options are available to families in some of the most remote places on Earth. Green technology needs to have a framework in place for protecting patents. This makes it possible for other nations to utilize the patented green technologies, bringing environmental preservation and sustainable development together. To encourage the submission of green technology patents in India, the government recently introduced the National Green Technology Mission and the Patent Facilitation Mission, among other initiatives.

CONCLUSION AND SUGGESTION 
With the developments happening around the world, intellectual property rights (IPR) play a crucial role to establish a green future by supporting in the transition to a viable, low-carbon market. This goal can be achieved with the assistance of governmental agencies, national or foreign investors, and partners from various states focusing on green technology advancement.
Implementing several IP models at various stages of the inventive approach, such as R&D, commercialization, market entry, and renewable technology distribution across countries, could help an inventor. Non-renewable resources are depleting at an alarming rate therefore, we need a change in the existing technologies along with new global environmental regulations, and more enforcement of intellectual property rights in this field is required. In order to become a prominent player in this race the Indian administration must provide similar rewards to Indian inventors, creating an appealing incentive to pursue the development of green technologies.
The cost for manufacturing and approval has been regarded as a barrier to the the growth of green technology. The majority of technology transfers fail due of excessive processing fees. As a result, the State must give tax benefits and simple financing options. Furthermore, barriers to technology exchange can be decreased by developing an infrastructure that connects patent owners with firms and providing adequate reasons for technology holders to share their technology.
To encourage the invention green technology, the Indian government must do the following tasks:

  • Develop rules for implementing intellectual property laws in technology development and licensing.
  • Provide tax benefits to individuals who develop and research green technology.
  • Reduce patent processing and filing fees for green technology patents.
  • India can collaborate with advanced nations to build joint patent filing agreements for green innovations. This will help Indian companies to gain access to developed-country intellectual property and commercialize green technology on a global scale.

The Indian government has officially launched the "National Programme on High-Efficiency Solar PV Modules," a Production-Linked Incentive plan targeted at achieving Giga Watt (GW) industry output in High-Efficiency Solar PV setups. The goal is to encourage the production of high-efficiency solar PV modules in India, reducing reliance on imports in the field of renewable energy. This is widely expected to attract worldwide commercial finance and experience learning. Due to the major risks and massive expenditures involved in such technological developments, strong intellectual Property rights protection should be encouraged to accelerate and expand the invention and distribution of green technology. Strong intellectual property protection facilitates green technology innovation, execution, and promotion. As a result, as part of the creation of expanding worldwide environmental legislation, a change to a more accountable society that relies on green technologies is required. Intellectual property rights protection is a critical component of this approach. Those who have recognized the promise of green technologies will undoubtedly be the future leaders.

REFERENCES:

  1. Ramya Rao, ‘Accelerating the Future: The Rise of Green Technology and Intellectual Property Rights- An Overview of Global Indian IP undertaking to encourage greener tech Patents,’ K&S Partners Article, Blog, 2023.
  2. Sonam Yeshi, ‘Green Patents- Develpoment and Issues,” ResearchGate, 2019.
  3. Parick Gattari, ‘The Role of Patent Law in Incentivizing Green Technology,” Northwestern Journal of Technology and Intellectual Property, Vol. 11, 2013.
  4. Eric Lane, ‘A Proposal for International Harmonization of Green Technology Fast Track Programs’ Berkley Technology Law Journal 1119, 2012.
  5. Fisher, William and Alex Xia, ‘The Fastest Routes for Green Patents’ Managing Intellectual Property 60, 2012.
  6. Araken Alves De Lima, ‘Scenario-Patent Protection Compared to Climate Change: The case of Green Patents’ (2013) 4(3) Journal of Social Ecology and Sustainable Development 61.
  7. Anders Karlsson, ‘Green Technology Patent- TRIPS, Compulsory License and Global Health,’ Stockholm University, 2014.
  8. Trade Related Aspect of Intellectual Property Rights 1995.
  9. Nandini Shenai, ‘Green IP-for-Green Technology: A Much-Needed Interplay between Intellectual Property and Sustainability,’ Indian Journal for Projects Infrastructure and Energy Law, June 2022.  

Author:
*Ms. Mahek Mahemood Panjwani
5th Year B.A.LL. B. (Hons.) Student,
Alliance School of Law, Alliance University.

Disclaimer: The opinions expressed in the article are the personal opinions of the author. The facts and opinions appearing in the article do not reflect the views of the Alliance Centre for Intellectual Property Rights (ACIPR) and the Centre does not assume any responsibility or liability for the same.