COMPULSORY LICENSING OF GREEN TECHNOLOGIES: VIABILITY AND PROSPECT AS A TOOL FOR CLIMATE CHANGE MITIGATION (Pages 85-95) by Mr. Satyadeep Kumar Singh in THE INTERNATIONAL MANAGER / ISSN: 2348-9413 (Online); 2348-9405 (Print)

The issue of, allowing compulsory license for Green technologies to promote their use in combating the menace of climate change, have constantly been under debate in recent years at different international platforms through different international dispensations. This issue has been under constant scanner of different international bodies, including WTO, WIPO and UNFCCC. An argument conceived with the reasoning employed with the special treatment of essential medicines under WTO regime has constantly been forwarded by developing countries that such exercise will hasten the transfer of Green technology innovations in developing world and will function as the boon in regard of combating climate change. Such advocates reason that mitigating global climate change is an urgent worldwide need which must be addressed in both developed and developing countries; for which similar to the case of essential medicines, patent protection in developing countries should be sacrificed to the extent necessary of promoting the diffusion of such technologies in pursuit of achieving a greater social good. However, developed countries have a complete opposite opinion and are against of any such exercise arguing that it will defeat the larger public good purpose enshrined in granting of intellectual property rights. The paper has made an attempt to discuss the legal and realistic viability of granting compulsory licenses to green technologies, evaluating international and national legal norms along with various developments including the Paris climate change Agreement, 2015 and other consequential issues involved in it. Keywords: compulsory license, Green technologies, climate change, international platforms, WTO, WIPO and UNFCCC