Challenges and Issues in Promoting 'Eco-Patenting: A Techno-Legal Weapon to Mitigate Climate Change'

MIPLC Master Thesis Series (2019/20)

88 Pages Posted: 8 Sep 2021

Date Written: September 16, 2020

Abstract

This paper aims to analyze the matter concerning the challenges and issues in promoting “Eco-Patenting: A techno-legal weapon to mitigate climate change”. The paper broadly covers and attempts to answer the prominent questions like, what encourages green technology transfer? What is the impact of green technology on climate change? Does IP law inhibit technology transfer? What role do patents play in encouraging green technology innovation? How can compulsory licensing be used in green technology? Further, it also discusses the requirement of the de-blocking provisions and the generous experimental use clause in patent laws for encouraging improvements and know-how transfer in green technology. Furthermore, the paper elaborates on the importance of invoking compulsory licensing provisions in developing countries for ESTs in light of public health and welfare. Also, the paper mentions the use of the proposed “modified” international exhaustion principle to maintain a balance between the interest of innovators and public needs. The author proposes to build an environment in developing countries like India that can resolve the issues of climate change using the model of Eco-patenting without prejudicing the rights and interests of innovators. [enter Abstract Body]

Keywords: Eco-Patenting, climate change, compulsory licensing for green technology, de-blocking provisions, Environmental Sound Technology, Patents, international exhaustion, MIPLC

Suggested Citation

Goyal, Krishnam, Challenges and Issues in Promoting 'Eco-Patenting: A Techno-Legal Weapon to Mitigate Climate Change' (September 16, 2020). MIPLC Master Thesis Series (2019/20), Available at SSRN: https://ssrn.com/abstract=3903965 or http://dx.doi.org/10.2139/ssrn.3903965

Krishnam Goyal (Contact Author)

K&L Gates LLP ( email )

Karlstraße 12,
Munich, DE Bayern 80333
Germany
+4915127993637 (Phone)

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