GREEN INNOVATION IN CHAINS: RECONCILING INTELLECTUAL PROPERTY WITH ENVIRONMENTAL IMPERATIVES
AUTHOR – SPINITA PRIYADARSINI, RESEARCH SCHOLAR, BERHAMPUR UNIVERSITY; FACULTY OF LAW, LINGARAJ LAW COLLEGE, BERHAMPUR
BEST CITATION – SPINITA PRIYADARSINI, GREEN INNOVATION IN CHAINS: RECONCILING INTELLECTUAL PROPERTY WITH ENVIRONMENTAL IMPERATIVES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 817-824, APIS – 3920 – 0001 & ISSN – 2583-2344. https://doi.org/10.65393/IJLRV6I985
Abstract
The prevailing intellectual property rights regime, while intended to stimulate innovation, can paradoxically impede the widespread diffusion of green technologies, which is vital for addressing persistent environmental challenge. The patent system, a cornerstone of intellectual property rights, is frequently invoked as a key incentive for the development of climate change technologies; however, its efficacy in promoting environmental innovation is questionable due to the significant role of market demand in directing innovation. There is a growing need to integrate modern IPR systems with customary laws and international frameworks to safeguard traditional knowledge from exploitation and misappropriation. The rush to patent climate change technologies, driven by private funding and market incentives, may create substantial tensions within the patent system, particularly concerning equitable access to these technologies. These tensions could also lead to increased patent litigation, which could further hinder the dissemination of green technologies.
This article examines the inherent tension between IPRs and environmental imperatives, analyzing the impacts of the current system and proposing policy recommendations aimed at fostering a more balanced and effective approach to green innovation. It argues that reforms are needed to ensure that IPRs serve as enablers, rather than barriers, to a sustainable future.
Keywords: Environment, IPR, Biopiracy, Patent, WIPO.