Author(s): Rohini S and K Jameela

Abstract: Intellectual property rights and how they interact with sustainability is one of the foremost policy challenges of the 21st century. This inquiry focuses on the application of compulsory licensing (CL) under the Indian Patent Act of 1970 with the aim of balancing exclusivity conferred by patents with the consideration of the environment and social justice. This research is concerned with the conceptual and legal arguments regarding CL as a facilitator of the diffusion of green technology in the areas of waste management, renewable energy and water purification. This paper is doctrinal research (CL) and the equitable access to environmentally relevant technologies and the consideration of statutory and case law, international law and comparative law)). To the respondents, primarily Environmental Policy analysts, legal scholars, and experts in IP the survey generated primary empirical evidence. Most respondents agreed on the inclusion of other environmental factors to the “public interest” provisions of CL. The focus of this research is on the legal harmonisation between patent law and environmental law. This in turn facilitates the alignment of India’s legal framework to the requirements of the Paris Agreement and the Sustainable Development Goals (SDGs). The conclusions recommend the strengthening of CL provisions and voluntary licensing and propose inter-ministerial coordination to elevate India’s status as a champion of sustainable management of intellectual property rights. Most importantly, the research points to the CB CL system as the basis to be able to realise India’s goals on equitable access to innovations and the right to a healthy environment.

DOI: 10.22271/civillaw.2025.v5.i2d.173

Pages: 316-322 | Views: 133 | Downloads: 44

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