Dream Green: Paradigms of Green Technology Commercialization viz-a-viz Green Patents

Abstract

A significant effort is witnessed in shifting the innovation and technologies to align them with sustainable development and particularly with the climate change mitigation efforts and so is the number of patents granted – green patents Art 27(2) TRIPS enables exclusion of patentable subject matter prejudicial to the environment but not by mere prohibition by law of a member state; Objectives of Articles 7, 8, TRIPS obliged to be consistent with ‘trade centric’ create a room on enquiry about green patent’s role in balancing the sustainability and trade centered goals Whether terms like ‘unreasonable conflicts’, ‘unreasonable prejudice’, ‘legitimate interests’ under Art 30 of TRIPS would be capable of excepting the green patents? In spite of the obligation on developed countries under Art 66 (2) TRIPS the Least Developed Countries are left to capacitate themselves to adopt the green technology transfer. These provisions and the impact of green patent in the given situations, intrigues the author on a question, whether green patents and commercialization can have any interplay to fit in these provisions. Barriers in accelerated adoption, skill sets in manufacturing and infrastructures, strengthening of supply chain dynamics1 are already acknowledged. An enquiry of commercialization barriers, in paradigms of green technologies is the broader objective and the role of green patents in such paradigms is the particular objective. The secondary sources of literature including authoritative and authentic datasets and reports, are relied upon to deduce the findings inductively.