Author
Dr Dr. PRACHI MOTIYANI
Organisation/Institution
School of Law, Gujarat University
Country
INDIA
Panel
Environmental Law
Title
Patenting Sustainability: The Role of Green Technology and Intellectual Property in Asia’s Environmental Future
Abstract
The accelerating climate crisis and the recent focus on sustainable development have risen to the top of the agenda for Asia's innovation and policy landscape in the area of green technology. This Research paper explores the role of Intellectual Property Rights (IPR), in promoting environmentally responsible technological development and ensuring equitable access to innovation. As countries in Asia struggle to balance their rapid industrial growth with the need for environmental protection, the role of patent regimes in driving and spreading eco-friendly technologies has become a significant legal and developmental issue. This research paper aims to discuss the complex relationship between the intellectual property systems and the development of green innovation, focusing specifically on the question of how the patent legislation simultaneously incentivizes inventors and is conducive to the transnational spread of sustainable technologies. It conducts an analytical review of the methodologies adopted by countries in the region, such as India, China, and Japan, to examine how divergent legal infrastructures, economic strengths, and strategic policy priorities impact the availability of green technologies. Moreover, it highlights the global frameworks like the TRIPS Agreement and the Paris Agreement, examining their implications for technology transfer, capacity building, and environmental justice within developing economies. By focusing on mechanisms like patent pools, compulsory licensing, and open-access innovation, this paper highlights the importance of a balanced intellectual property ecosystem to harmonize private innovation for the benefit of public. It also emphasizes the importance of aligning policies towards patents and green finance, environmental administration, and holistic research networks. It also discusses a transformative way to achieve sustainable innovation that is not only legally protected but also widely shared so that Asia can play a significant role in shaping a greener, more resilient global future. Keywords: Intellectual Property Rights, Technology transfer, Green Technology, Environmental Governance
Biography
Dr. Prachi Motiyani is an Assistant Professor of Law and HoD Department of Constitutional Law and legal order at the University School of Law, Gujarat University, and the Member Secretary of the Women Development Cell–Internal Complaints Committee (WDC–ICC).She has conducted several national and international workshops, delivered invited lectures as a resource person, and presented research papers at leading academic conferences. Her areas of teaching and research include Environmental Law, Human Rights, Intellectual Property Rights, and Constitutional Law. Dr. Motiyani has published numerous research papers and book chapters in reputed journals and edited volumes. She serves as Faculty Advisor of KnowledgeSteez and is an Editorial Board Member of GLS Law Journal and Gujarat Law Journal. Her academic journey includes prestigious international scholarships and training programs from Thailand UNCC, International Youth Forum by YHRI, GAJE Program (Poland), ADB “Train the Trainer” Programme (Sri Lanka), and International Institute of Humanitarian Law (Sanremo, Italy). She is a Member of the Scientific Committee of IKSAD, Ankara, Turkey, and serves as Legal Expert on the Ethics Committees of Gujarat Biotechnology University and Gujarat University of Transportation Sciences.
