Andrey_Kuzmin / Shutterstock.com
Even if India moves towards a patent-unfriendly environment for green technologies, the pro-patent and pro-environment lobbies can coexist and meet their respective goals, argue Swarup Kumar and Jitesh Kumar of Remfry & Sagar.
Mark Twain, the US writer, once said “get your facts first, then you can distort them as you please”. Green technologies and patents are at a cross-roads in India, so let’s get our green patent facts first before analysing whether they have been distorted in an endeavour to create a patent-unfriendly climate.
Amid growing concern that patents restrict access to green technologies, a section of Indian stakeholders has proposed limiting patent protection for climate-friendly technologies. The concept of weakening intellectual property (IP) rights in green technologies has garnered strength after India, partly on account of international pressure, opened the door for phasing out hydrofluorocarbons (HFCs) in 2015 under the provisions of the Montreal Protocol, an international treaty for phasing out substances that deplete the ozone layer.
In order to protect domestic industry from an immediate impact, and to allow for a smooth transition to climate-friendly technologies, India made it a point to incorporate flexibilities in terms of choice of alternative technologies and timeframe for transitioning from HFCs to safe, technically proven, energy-efficient, economically viable, environmentally friendly and commercially available technologies. Unfortunately, some stakeholders have found the above flexibilities inadequate and are vying for implementation of more stringent norms to protect and, perhaps, encourage domestic industry.
Life Sciences Intellectual Property Review (LSIPR) tracks the increasing challenges for intellectual property specialists in the rapidly evolving world of life sciences. From gene patents to stem cell research, we provide the very best news and analysis.
To continue reading this article and to access 4,500+ articles, our digital magazines and special reports published for LSIPR subscribers only then you will need a subscription.
If you are already subscribed please login.
Official LSIPR subscribers include:
Allen & Overy
Arnold & Siedsma
Birch, Stewart, Kolasch & Birch LLP (BSKB)
Carpmaels & Ransford
Cooley
European Patent Office
Finnegan LLP
GH Research
Gowling WLG
George Washington Law School
HGF Limited
IQVIA
Kirkland & Ellis International LLP
Marks & Clerk
Mintz Levin
NiKang Therapeutics Inc.
Powell Gilbert LLP
Procopio, Cory, Hargreaves & Savitch LLP
Taylor Wessing
The United States Patent and Trademark Office (USPTO)
Valea AB
World Intellectual Property Office
For multi-user price options, or to check if your company has an existing subscription we can add you into for FREE, please contact Atif at achoudhury@newtonmedia.co.
If you have any technical issues please email tech support.
Swarup Kumar, Jitesh Kumar, Remfry & Sagar, TRIPS agreement, HFCs, green tech, patent,
