IPR are legal rights governing, controlling the use and exercise of the
conceptions of a human mind creations which are distinctive. IPR laws tends to
be country-specific in nature and hence cumbersome when it comes down to secure
the right. It is the exclusive right of the granted by the government for
protection of original work of inventor. Population growth, pollution from
industrialization, urbanisation, carbon dioxide from decaying trees, coal
burning, ozone layer depletion, natural gases and fossil fuels lead to methane
travelling into the Earth's atmosphere any transportation vehicles, water vapour,
and many other small things all contribute to making global climate change even
It is widely contested how intellectual property laws affect the spread
of clean development technology. Industrialised countries, who highlight the
advantages of these rights and believe that patents offer a powerful incentive
for the creation of new technologies, are on one side of the argument.
other perspective, developing nations allege that patent laws prevent them from
gaining access to innovations that might raise their quality of living and
enable them to combat climate change. They stress that private sector organisations in developed nations are the primary owners of the majority of
patents relating to clean development technology.
Economic development that
benefits the environment instead of harming it is necessary for combating
climate change. Innovative green technology solutions, such as those for
alternative energy production, energy conservation, more environmentally
friendly modes of transportation, agriculture, and forestry, can help by
enabling us to accomplish more with less. The study explores from the
perspective of law and economics an appropriate structure model of patent
IPRs and its laws are essentially state-mandated restrictions that govern,
regulate the use of, exercise, and transfer of human conceptual frameworks. IPR
regulations can vary from country to country, making it difficult to acquire the
right. Laws governing intellectual property rights provide innovations, musical
compositions, and literary works legal protection by giving creators exclusive
rights to their works, as the objective of the law is to encourage creativity.
The ability to duplicate, distribute, issue or change the work is one of the
rights given to the creator of the work. Laws pertaining to intellectual
property rights, such as those governing patents, copyright, trademarks, and
trade secrets, might differ from one nation to the next.
Climate change may take many forms, including global warming, extreme cold,
rain, wind, and anything else that deviates from the regular climatic conditions
that sustain biodiversity. It is important to protect intellectual property,
which is the end product of someone's labour and ideas. In order to solve the
problems caused by climate change, humans must emphasise green technology more.
Key component of the response to climate change is the creation and application
of clean technology.
"In the context of long-term sustainability and attempts to eradicate
poverty," countries must cut their greenhouse gas emissions; accomplishing
this aim would need a significant change in global investment, production, and
With the advent of so-called "clean development"
technology, intended to cut emissions while preserving living standards, this
change has already started in developed nations. Unfortunately, only a small
number of developing nations have broadly adopted these technologies, despite
the fact that they are crucial for establishing a sustainable, low-carbon growth
route. These technologies include large-scale solar, wind, and other renewable
Many developed countries have seen the emergence of new types of
green technology and have recruited the help of intellectual property rights to
safeguard this new technology. Green Technology is referred to as being covered
by so-called "Green Patents." The latest technology is protected by a patent and
offers several environmental benefits.
The significance of IPRs in safeguarding intellectual properties concerning
climate change is multifaceted. "Climate Change, Technology Transfer, and
Intellectual Property: A Practitioner's Guide" by John Barton, underscore the
pivotal role of patents, copyrights, and trademarks in fostering innovation and
incentivizing the development of climate-friendly technologies.
particular, have been a focal point in the discourse. Studies from the Journal
of World Intellectual Property by Carlos M. Correa highlight how patents
stimulate research and development in renewable energy technologies. Conversely,
critics argue that the stringent enforcement of IPRs may impede technology
diffusion, hindering the dissemination of sustainable solutions in developing
However, challenges persist concerning the efficacy of IPRs in
addressing climate change concerns and deliberated on the ethical dilemmas posed
by exclusive rights and monopoly control over essential climate technologies,
potentially impeding global access and affordability. The review unveils a
nuanced landscape concerning the role of IPRs in protecting intellectual
properties from climate change.
While IPRs stimulate innovation and technology
development, they pose challenges related to accessibility, equity, and the
safeguarding of traditional knowledge. The synthesis of diverse viewpoints
underscores the necessity for a balanced approach that harnesses IPR incentives
while ensuring equitable access and recognition of diverse knowledge systems.
This review provides a foundation for further exploration and policy formulation
in addressing these intricate issues at the intersection of IPRs and climate
In the context of climate change in IP laws, they need to be re-examined in
order to consider a solution which will both, avoid the current situation that
overemphasises the inviolability of private rights in the global trading system
and seek to address the shortcomings of the lack of legally binding agreements
under the environment and climate regime. The innovation ecosystem's cornerstone
is the intellectual property rights and a significant part of invention
information is made available because to the patenting system.
technological information are possible in a number of open patent databases
throughout the globe which makes it possible for an innovation to be used
legally in nations where a patent has been issued, unrestrictedly in nations
where a patent has not been issued, and to be developed further to produce new
patentable inventions so effective that the these patents can play a major role
in controlling the climate change.
The paper has followed the descriptive methodology with the doctrinal approach
which is carried with the careful research on the way of analysis of various
articles, journals and websites are also been referred to prepare this paper.
- What are IPR laws?
- Whether the adaptation to IP laws is the answer to strengthen the climate and its condition?
- Whether the IP laws give provisions for improving the environment caused due to climate change?
- Whether the Intellectual Properties can be protected from the climate change and what kind of protection is the answer?
The research is about the study of concept of climate change and whether the
intellectual property rights are the answer for the changes caused due to
enhancement in the environment and the advancements in the technologies. The aim
of the research is to analyse whether adapting to the IP laws, the changes
caused in the climate and environment can be the answer by looking into certain
matters in order to identify the economic growth through this adaptation.
Scope Of The Study
Patent laws provide innovators exclusive rights to their innovations, protecting
intellectual property rights. For a predetermined amount of time, they provide
inventors the sole authority to create, exploit, and commercialise their
innovations. As they give innovators a financial incentive to create new goods
and services, patents are a crucial component of the innovation process.
Additionally, they enable innovators to recover their research & development
expenditures. Additionally, patents offer defence against rivals who may
otherwise plagiarise and profit from the inventor's work.
Limitations Of The Study
The study only focuses on the effective enforcement of IP laws in identifying
whether the provisions of these laws can combat the climate change and
innovations. This study is limited to this extent.
Ip Laws And Climate Change
IP rights and climate change are intertwined. Climate change is having numerous
unfavourable effects on people all around the planet. The growing field of green
technology is crucial. Climate change is creating heavy rain, cyclones, and
tsunamis in addition to melting glaciers. The flora, wildlife, and forests�home
to numerous animal species-are all being impacted by these catastrophes.
addition, people and businesses contaminate the environment in a number of ways,
such as by releasing pollutants into the air and water over the legal limit,
polluting the atmosphere and water during Indian festivities, and releasing
greenhouse gases from air conditioners such methane, CO2, nitrous oxide, and
chlorofluorocarbons, which contribute to environmental pollution and climate
Utilizing latest technology to preserve and safeguard the environment is
referred to as "green technology." For instance, waste water treatment may make
water drinkable and free of contaminants that are dumped into seas and rivers,
and eliminating industrial emissions can reduce air pollution, which in turn
reduces the amount of greenhouse gases in the atmosphere, which in turn causes
global warming. Recycling solid waste management requires a commitment from both
individuals and businesses.
India does have green technology, but it is utilised
only in modest proportions and it is quite obsolete. Solar power, hydropower,
wind turbines, and other renewable energy sources are all available in India.
Only a few locations in India, not the entire population, have access to this
technology. The intellectual property system aims to publicise and disseminate
the technology that might reduce climate impact.
Patent protection is typically scrutinised more closely than other IP rights, and is particularly significant
in the development of climate solutions. Technologies, however, frequently draw
a web of different IP protections and need a number of licence agreements in
order to be effectively commercialised. The Green Patents can be extremely
helpful in addressing these issues and resolving these environmental-related
A green patent is one for an innovation that benefits the environment, is
connected to renewable energy sources, energy conservation, or benefits the
environment in some other way. For advancements in a range of industries,
including waste management, energy efficiency, renewable energy sources, and the
avoidance of water contamination, green patents may be issued. Green patents can
support and defend creative responses to environmental problems.
The application of green patents is encouraged and widespread in industrialised
countries. They are making use of every aspect of it to strengthen the economy,
solve their issues, and protect the environment. India has its unique
environmental difficulties that may be addressed by using green patents as a
vehicle for innovation.
Despite the fact that intellectual property rights do
not directly solve the problem of greenhouse gas emissions, they may be utilised
to support the protection of the intellectual property of individuals who create
new technologies and procedures that may lower emissions. Intellectual property
rights may ensure that innovators are paid for their efforts in creating new
technologies and procedures that will help lessen the consequences of climate
change by defending the rights of creators and inventors.
Although the patenting system has undoubtedly contributed significantly to the
advancement of green technology, it has also benefitted some of society's worst
criminals. The greenhouse effect has been considerably enhanced while
simultaneously advancing civilization thanks to its ground-breaking
technological advancements. The proliferation of energy technology, which began
the industrial revolution, the development of agricultural machinery, which
destroyed a significant section of our rainforests, and the introduction of new
industrial pollutants, which harmed our environment, are examples of this. To
lessen this harm, it must apply the same framework to develop the necessary
International Perspective Through Conventions
Issues lying in the intersection of Intellectual property rights and climate
change are in concern. Internationally, there has long been awareness of
potential conflicts between resolving environmental issues and intellectual
property issues. From the Earth Summit, Agenda 21 asks for taking into
account the function of patents and other intellectual property rights, their
influence on developing country access to and transfer of ecologically sound
technology, as well as taking into account just incentives for innovation.
fact that a lot of practical technological information is in the public domain
and not subjected to patents is acknowledged by Agenda 21. From the discussions
under the United Nations Framework Convention on Climate Change (UFCCC) to
the conference on climate change and innovation held by the World Intellectual
Property Organisation (WIPO) member countries have actively explored ways to
connect the chain or rather harness the IP system to combat Climate Change and
to reduce the accumulation of greenhouse gases.
In the meetings, it could be
observed that the developed counties had interests in the enforcement of IP
protection and laws and they were reluctant to the new international
environmental obligations as this obligations would put the competitiveness,
standard of living and other interests at stake.
But the complexity arouse when
the IP laws in different countries had different objectives, with respect to
this the developing countries were reluctant to the enforcement of IP laws
through international conventions as the notion of climate change was more
related to the international environment protection and sustainable development,
moreover if IP laws are enforced, the opinion of developing countries was that
the enforcement would put an adverse effect on the innovation and technology as
it would create negative rights of IPR and thus the further innovations and
creativity of that particular work would create restrictions.
Intellectual property enforcement in combatting the climate change involves a
lack legal international instruments and other challenges involved in the
international agreements negotiations, innovations in IP to protect the
environment. Although the concept of Green Patents have been considered in many
developed and developing countries, it cannot only be the single answer or the
impactful solution to the climate change.
The green technology has given rise to
spread the awareness of protecting the environment in certain ways which was a
part of this conference meeting, but it must looked into the fact that the
provisions of this law doesn�t provide the apt answer to the climate change as
there are other major factors which plays an eminent role in the causes and
effect of climate change which cannot be covered under this provisions.
climate change is a part of evolution process of the environment and atmosphere,
therefore there are other prominent legislature which gives answer to the
climate change and can help effectively in controlling and improving the
environment and climate for sustainable development.
The analysis of the text reveals several pertinent dimensions. Firstly, it
underscores the potential of green patents in incentivizing environmental
innovation while shedding light on their limitations in providing a
comprehensive solution to climate change. It emphasizes the need for a holistic
approach that considers other influential factors driving climate change beyond
patent protection. Secondly, it elucidates the nuanced relationship between IP
laws and climate change, highlighting the conflicting interests between
developed and developing nations within international forums. It accentuates the
necessity for a balanced approach that addresses both IP protection and
sustainable development goals without stifling innovation.
The relationship between IPRs and environmental protection is elaborated,
emphasizing the role of patents in compensating innovators and creators for
developing technologies that mitigate climate change effects. However, a
critical viewpoint emerges, highlighting the paradoxical nature of technological
advancements that, while solving environmental issues, have also exacerbated
climate problems. This paradox calls for a paradigm shift in utilizing the
existing patent framework to develop necessary green technology, balancing
innovation with environmental protection.
The paper initially portrays the detrimental effects of climate change on
ecosystems, emphasizing the urgent need for technological interventions through
green technology. It underscores the role of green patents as a potential
solution to environmental challenges. Green patents, pertaining to innovations
benefiting the environment or renewable energy sources, are highlighted as
instruments to incentivize and protect inventive solutions.
introduces the dichotomy between industrialized nations and India concerning the
utilization and encouragement of green patents. While industrialized nations
leverage green patents to boost their economies and protect the environment, the
text indicates India's limited adoption and outdated use of such technologies,
showcasing disparities in technology access and implementation across nations.
Moving to the international perspective, the paper discusses the intersection of
IPRs and climate change within international conventions. It references Agenda
21 and UNFCCC discussions, indicating an awareness of the complexities between
patents, technology transfer, and environmental conservation. It sheds light on
the divergence between developed and developing countries' interests, where
developed nations prioritize IP protection, while developing countries emphasize
sustainable development and innovation freedom.
Moreover, it hints at the limitations of solely relying on the IP framework to
combat climate change, emphasizing the need for complementary legislative
measures and global cooperation while green patents offer promise in stimulating
eco-friendly innovations, the complexities surrounding their implementation and
effectiveness necessitate a comprehensive approach involving multi-dimensional
strategies beyond IP protection to effectively combat climate change and promote
Therefore in answering to the research questions,
intellectual properties can be protected from any climate change and other
environmental measures through constant dynamic discussions from national to
international level by various body of authorities such as WIPO, UNFCCC etc,.
The focus must be made on both providing protection to the Intellectual
Properties as well safeguarding the environmental pattern from any sort of
damage and its adverse effects on various other factors.
Intellectual property laws are not the complete answer to climate change.
Climate change is a complex environmental issue that requires a multi-faceted
approach that includes reducing emissions, increasing energy efficiency, and
promoting renewable energy sources. Intellectual property laws can help protect
and incentivize the development of new technologies to mitigate the effects of
climate change, but they are not a comprehensive solution to the problem.
a complex issue as the climate change has different aspects attached to it and
the IP laws can just provide partial answer to it as the issue involves various
factors which cannot be covered under scope of the IP laws. To address the
causes and effects of climate change, governments and organizations around the
world are working together to reduce emissions, promote renewable energy, and
invest in climate adaptation strategies.
One strategy among this are issuance of
green patents which not only focuses on the distinctiveness of the creator but
also makes sure that the invention so made doesn�t harm the society and
environment in any way.
- WIPO - Search International and National Patent Collections - https://www.wipo.int/
- WIPO Green Technology Book - Homepage - https://www3.wipo.int/wipogreen/en/
- Research Handbook on Intellectual Property and Climate Change; edited by Joshua D. Sarnoff
- Intellectual Property and Climate Change � The University of Aberdeen Research Portal (elsevier.com)
- Chapter 1: Introduction in: Intellectual Property, Climate Change and Technology (elgaronline.com)
- Intellectual property: Key role against climate change | Law Society of Scotland (lawscot.org.uk)
- https://sustainabledevelopment.un.org/topics/povertyeradication -
- https://onlinelibrary.wiley.com/doi/full/10.1111/jwip.12143 -
- (Maskus, K. E. (2000). Intellectual Property Rights in the Global Economy).
- https://sustainabledevelopment.un.org/outcomedocuments/agenda21 -
- Taken from - Sunder, M. V. (2017). The Ashgate Handbook of Intellectual Property and Climate Change. Routledge.