Green Technologies: Future of Human Survival

I. Introduction

It is always been said that change is the only constant and that is true also when we look at the development of a country or the world as such. The environment has always been at the receiving end of the technological development. Since age’s humans have been using the resources available in an unprecedented manner which has made the Earth face the burden of deteriorating Mother Nature. Today scientists and environmentalists have felt the need of moving towards a greener form of development.

The environment has always been the neglected subject matter since years and it took the world many years to come to an understanding that we need to develop but keeping in mind the feasibility of the resources and managing it for the future as well. The first international level Conference where it was put on table for discussion was the Stockholm Conference 1972 also known as the Conference on Human Environment. The concept of sustainability arose and it meant that the resources are to be used in such a manner that the present needs of the human kind are fulfilled but ample is left for the generations to come also. Since then there has been various Conferences that discuss about the Environment and the nature as a core concern. The current scenario is focusing on such levels of development in technology that the renewable sources can be used to generate the energy that is the very basic requirement for any sector to work and grow.

II. Green technologies

The technologies that are sustainable and environmentally sound for the society those technologies are referred to as “Green Technologies”. Agenda 21 in its Chapter 34 have also explained Green technologies as: the kind of technologies that do not harm the environment that release less pollutants directly into the environment they are considered to be having more sustainable base, it can easily be recycled and up-cycled and the nominal waste that comes out of such usage can be channelized in a environment friendly manner.³

Energies like geo-thermal, tidal, wind, biomass, solar etc forms the perfect basis of such technologies as the resultant impact on the environment is harmless. The patent innovators are very important in this regard as they have this burden on their shoulders to provide the world with patents that work on cleaner forms of energies. ⁴ the current climatic impacts like Global warming, extinction of various species, the drying up of the ground water, the polluted air etc are certain ill effects that have created an alarm world over as the consequences can be seen by humans. Nature also has its own way of cleansing and the natural calamities form a part of it.

Various countries also are taking the initiatives to promote and reward the green technologies which help the concerned Governments to get access to such inventions where they can at least lower the pace at which the environment is getting deteriorated today. Japan and United States can be considered few of the countries that have started the process of making green patents an acceptable habit in the patent sphere and thus familiarising people with the need of accepting this patent. The technologies that are having no harmful impact like the electrical vehicles are given the preferences and much needed impetus so that in turn it can help lower the non reversible impacts on the environments.⁵

III. Indian position in green technologies and innovations

India is also trying the best use of technologies that are having greener impacts in the environment. Currently, in Karnataka State a very huge 20,000 MW solar power and 3000 MW wind power farm is being constructed as an attempt to switch to greener technologies. ⁶ Green technologies in the present situations are not cheap or affordable by the average earning people and that restricts the usage to only the few privileged classes in the current situation. But the more impetus will be given to the new patent innovations in the Greener forms the affordable models of the same can also come in the market soon.

Some statistics about the Indian scenario suggests a rate of 13% technologies seeking patents in India are related to the green technologies. We do fall behind in this rate if we compare it with the rates of United States, Japan and South Korea that have an impressive rate of 60% green technologies but India is still doing better if we compare it with the other competing countries.⁷

Like many countries India also lacks specific legislations that can up the process of green technologies getting patents and the current situation is basically in favour of the inventors which gives the monopoly protection to them.

IV. Ipc (intellectual property committee) green inventory

The present committee is made with a plan to create a search forum in the area of environmentally sound technologies (ESTs). ⁸ It aims to achieve a global level of development, diffusion and deployment of green technologies or ESTs.⁹ These are the technologies that have been identified by the UNFCCC to create a specialized field of information sharing, access of which may turn out to be environmentally enriching for the countries globally. The IP protected rights forms the very basis of such technologies coming into reality and the impetus is of only the rewarding nature of such rights. The current status of granting monopoly to the patent holders in legislations across the globe can sometimes cause a hindrance in getting access to the useful technologies. Thus the inventory of such ESTs help in getting the correct knowledge and disseminate till the monopoly is in force and even share within the period surpassing the very basic nature of IP rights.

The analysis of TRIPS Article 7 also will take us to the understanding that: the very basic or important reason why such exclusive monopolistic rights are granted for IPs is to encourage the technological advancement and innovations that can be benefitting the environment in many cases.¹⁰ One major issue that arises even after such interpretation is that a full lobby of people who understand IP rights vote for the exclusive rights even when something is environmentally essential as it is the basic essence of the IP rights and its sustenance. Thus the financial gains and benefits out of such inventions and innovations are needed for such people to keep the pace with the ever growing market. Thus lack of accessibility can cause a major roadblock in the information related to the ESTs. ¹¹

Many countries have still not developed good reasoned laws in the area of Green Patenting which is a major concern. The current laws cater the needs of the society for technological development without considering about the nature of environment. After centuries of exploitation certain irreversible changes can also be seen, which led to the current thinking of sustainability. The scenario is also different when we divide countries in the categories of developed, developing and under-developed. The developed countries can still focus on the green patents and technologies as they have a fairly developed economy which requires only value additions. But if we consider the situation of developing and under-developed countries they cannot afford to lower the pace of development for the want of more green technologies. For them the process is long and gradual and may be only possible in the second phase of such acceptance by the countries at large.

The correct knowledge and know-how is also an important basis of such development. The countries intentionally needs to develop the right literature in the sector so that the masses can be educated during the transition phase only and does not require few centuries more to adapt to the changing times as maybe the environment may not give us the time we think we actually have in hand.¹²

V. Compulsory licensing of green technologies

At the outset only a very striking similarity can be seen in the pharmaceutical products and the ESTs, i.e. the public purpose it tends to solve. The impact of such things is spread over and includes the world wide population rather than just few people of class getting affected. Like any life saving drug is having the remedy of compulsory licensing principles to let the general mass benefit from the drug, the same principles can be applicable to the ESTs as it would solve the problems of various countries were pollution levels in certain industries have surpassed even the highly dangerous marks. ¹³

The Articles 8, 27 and the Doha Declaration suggests towards the need and necessity of maintaining the public health. It is to be noted that it is not only medicines of diagnostic or therapeutic methods that can help the cause of public health but it is also the environment and the clean and pollution free heath that directly will impact the public health. If the human race continues to live in the poisonous atmospheres the future generations will definitely be marred by the genetic disorders.¹⁴ Innovations have the capability to transform the current state of the world for the better future. The human kind has reached the state from the primitive state leading to the remarkable inventions of the people who invested their lives towards the development of the nations.¹⁵

The carbon footprints of many countries have surpassed the standards of decency; the need is to have the access to technologies that can reduce the same to a considerable amount as it is unhealthy for people to persistently live in such obnoxious environments. The more quickly the technologies get patents, maybe the more early they may also come out of the same. Even if few supporter of the strict protection wants it continue they also suggest as an alternative to be ready with cheaper forms of current patented technologies till they are under the protection and once it loses the protection the market can have ample options of affordable pricing also. Thus accelerating the pace of the patents on ESTs also can serve the purpose. ¹⁶

VI. Conclusion

Green technologies are the need of the hour and many countries and international conventions have highlighted the necessity of having a global approach towards the problem as it concerns the Earth of all and not of a few. The more development through the IP route happens of the Green technology the better channelization can happen with few existing and few new developments in the current sphere.

The Green technologies have the future of many dependent on them and the future which is highly uncertain without it. The more the development of such ESTs happen at a pace that protects us from the harmful impacts of currents levels of pollution the more thankful we can be to such innovations and developments.

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