From Rhetoric to Reality: Aligning Agendas for Integrating Climate Change Mitigation Strategies in Terms with the National IPR Policy, 2016
摘要
The intervention of technologyTechnology in times of climate changeClimate change giving birth to environmentally sound technologiesTechnology (EST), although proves to be a befitting reply to this global issue, interrelates intellectual property (IP), especially the patent system, becoming a barrier to efficient diffusion of such technologiesTechnology to the Global SouthGlobal south. The disputed latter has been the fundamental cause behind climate changeClimate change mitigationMitigation strategies, at a global level by means of the Paris Agreement, 2015, remaining rhetoric to Global SouthGlobal south nations like India. The National IPR Policy, 2016, if considered a roadmap for the future physique of IPR in India, has to get knowledgeKnowledge expansion capacity for skill building and IP commercialization, married to each other. This union becomes the only key to unlocking the answer to the dynamic challenges posed by climate changeClimate change in the present times. The related provisions of the TRIPS Agreement appear to be delusional in this present discussion for its ambiguity-designed language toward climate changeClimate change mitigationMitigation. India, being a signatory to the TRIPS Agreement and a vulnerable subject of climate changeClimate change, must not only balance the challenging act of tailoring IPR protection offered by the TRIPS Agreement in its national policy thereby channelizing it in its legislation but also not make it a prey to the advantageous flexibilities offered by the same Agreement to its developed member nations. The present chapter adopts an affirmative approach, advocating for the Global SouthGlobal south, the possible implications of climate changeClimate change on them, vulnerable coping mechanisms, and hindered implementation of the mentioned international agreements through the lenses of India and its newborn national policy.