IPRS AND ENVIRONMENTALLY SOUND TECHNOLOGIES: POLICY OPTIONS FOR THE DEVELOPING COUNTRIES

In the present time, no other matter is of as much concern to the developed as well as the developing world alike, as global warming and climate change issues. The Paris deal concluded in December 2015 is the latest step that has been taken to restrict the rise in temperatures to below 2 degrees Celsius as compared to the pre-industrial levels. As like other countries, India has also submitted a set of Intended Nationally Determined Contributions (INDCs), which clearly show her intent of contributing to a better environment for the future generations. Access to smart innovation and technological development is crucial for achieving the outlined targets. Most of the research on Environmentally Sustainable Technologies (ESTs) takes place in the developed countries of Europe, Japan and the USA. This makes it difficult for the developing countries to access such technologies. The principle of Common but Differentiated Responsibility as followed under the Kyoto protocol, UNFCCC and the Rio declaration, mandates the developed countries to take the major responsibility of providing their counterparts in the developing world with financial resources and innovative technology. Inspite of this however, not much has been done by the technology leaders. Given the importance of R&D for such technologies, Intellectual Property Rights (IPRs), particularly patents, play a significant role in their innovation and diffusion process. Globally, IPRs in the current times, have been homogenized by the TRIPS agreement of the World Trade Organization (WTO). This does not leave much scope for India and other developing countries to frame their IPR rules individually to their own benefit. Thus, the only possible way through which the developing countries can circumvent the patented technologies, is by using the flexibilities permitted under TRIPS like compulsory licensing, exclusion from patentability and strict implementation of the patentability clause. This seems to be the need of the hour.