The impact of climate change, the global climate crisis, and COVID-19 have become complex challenges for governments and societies around the world. In addition to the global challenges posed by climate change and the pandemic, Ukraine has faced the most difficult challenge since its independence – a full-scale war initiated by Russia.
Having been under martial law since February 24, 2022, the government, together with society, recognizes the urgent need to find and apply various technological solutions in the defense sector, as well as the need to switch to green energy and implement green technologies to ensure the continued survival and preservation of human capital.
Despite the fact that the context of green technologies is complex and includes more than one industry or sector, there is still a tendency that green intellectual property affects companies from all industries, sectors and regions. The following factors of influence and development of “green” technologies and innovations on various industries can be identified:
- industry – requirements for the development of consumer goods, their subsequent repair and recycling;
- Financial industry – control and promotion of environmentally sustainable investments;
- real estate – energy efficiency, environmental friendliness and low waste;
- transportation and infrastructure sector – reducing pollution and replacing hazardous materials;
- the technology sector, which should become the basis for most technologies, from network infrastructure to big data and artificial intelligence.
What legislative acts regulate the sector?
Currently, there is no definition of green technologies in Ukrainian legislation, but the term “green” is found in various legislative acts, concepts, and strategies, such as: “Association Agreement with the EU”, “Strategy for the Development of Industrial Parks for 2023-2030” (focusing on the introduction of innovative, resource-efficient and environmentally friendly production), “National Economic Strategy for the period up to 2030”, and is focused on decarbonizing the economy by increasing energy efficiency, developing renewable energy sources, developing a circular economy and synchronizing with the goals of the European Green Deal.
First of all, the “Agreement between Ukraine and the EU on Ukraine’s participation in the European Union’s Digital Europe Program (2021-2027)” notes the important point that the digital transformation of the economy and society can contribute to a “green” transition, global competitiveness and increased creative diversity. The main objectives, according to the Agreement between Ukraine and the European Union on Ukraine’s participation in the EU LIFE Program – Environment and Climate Action Program, are to promote the transition to a sustainable, circular, energy-efficient, renewable energy-based, climate-neutral and resilient economy in order to protect, restore and improve the quality of the environment (air, water, soil), and halt the loss of biodiversity, thus contributing to sustainable development.
The following legislative acts, international conferences and environmental agreements can also be added:
- UN Framework Convention on Climate Change, (1992);
- -Kyoto Protocol, (1997);
- The UN Conference on Sustainable Development – “Rio+20: The Future We Want”, where the issues of environmentally friendly, resource-saving, green economy for achieving sustainable development were discussed (2012);
- -The 2030 Sustainable Development Goals and the Paris Agreement (2015);
- -European Green Deal, (2019);
- -The New Circular Economy Action Plan (2020), where the licensing of intellectual property rights and technology transfer, especially to developing countries, are important points.
The role of intellectual property rights
At the time of the Rio Earth Summit in 1992, intellectual property (IP) rights were still a relatively undiscovered technical issue, limited to expert discussions. This changed dramatically in 1994 with the signing of the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), whose provisions have had a far-reaching impact on many areas of public policy, such as public health, the environment, and agriculture.
The role of intellectual property rights is defined in Article 7 of the TRIPS Agreement, according to which the protection and enforcement of intellectual property rights should promote technological innovation, the transfer and dissemination of technology for the mutual benefit of producers and users of technological knowledge, and in a manner conducive to social and economic welfare, and to the balance of rights and obligations.
Consequently, innovation is gaining prominence in government discourse and policy, as well as in private sector strategies and business practices. Innovation is considered to be the key to economic growth and to solving pressing global problems in many areas, including health, food security, energy and agriculture. To achieve sustainable development and measure it, “in October 2008, the United Nations Environment Program (UNEP) launched an initiative to analyze the development of a green economy, implement policies to support investment in green sectors, and green high-polluting (”brown”) sectors. As part of this initiative, UNEP published a report in March 2009 that contained an appeal to national governments on the actions needed to ensure economic recovery and increase the sustainability of the global economy. It also called for the use of financial incentives for green sectors, with a focus on economic recovery, poverty eradication, carbon emissions reduction and combating ecosystem degradation.”
In order for the intellectual property system to provide a real and practical contribution to the development, diffusion and deployment of green technologies in developing countries and countries with economies in transition, the innovation infrastructure in such countries should strengthen the protection and enforcement of intellectual property rights (IPRs) to encourage the development of intellectual property assets, allowing for the licensing of IPRs and research and development collaboration as a means of facilitating commercialization.
Intellectual property rights in the field of green technologies
The most important regulatory mechanisms that facilitate green technology innovation are intellectual property rights regimes, especially but not limited to patent law. Intellectual property rights have been identified as the main reason for stimulating green innovation and an important prerequisite for the development and transfer of green technologies by developed countries, while developing countries consider IPRs and the abuse of IP rights by developed country-based IP owners to be a major obstacle to effective access to green technologies for countries in need.
Intellectual property rights are divided into copyright and related rights and industrial property rights by their object composition. Intellectual property rights in the field of “green” technologies, as in other areas of technology, are divided into industrial property rights (inventions, utility models, industrial designs, trademarks, geographical indications, trade names, semiconductor product layouts, trade secrets, scientific discoveries, and rationalization proposals) and copyright (scientific and technical documentation, software and algorithms, technical documentation, etc.)
In the field of green innovations, the patent system has received much more attention than other aspects of intellectual property law, which have been the focus of attention in recent years in relation to the development and dissemination of climate change technologies. Patents may be granted for any technical innovations (inventions, utility models) that are new and meet the conditions of patentability. In Ukraine, in accordance with Article 16 of the Law of Ukraine “On Protection of Rights to Inventions and Utility Models”, the object of an invention may be a product (device, substance, strain of microorganism, plant and animal cell culture, etc.), process (method), and the object of a utility model may be a device or process (method). The term of intellectual property rights for an invention is 20 years, and for a utility model – 10 years. Obtaining a protection document – a patent – is based on the disclosure of information and technological knowledge about the technology by the applicant, but a patent provides reliable protection of IPR.
The protection of intellectual property rights in Ukraine for green technologies can indeed be a key factor in improving innovation development and supporting the country’s path to European integration. Effective protection of intellectual property rights is an important element of cooperation with the EU and other countries, as it contributes to creating a favorable climate for foreign investment and technological exchange. It also helps to choose the best practices and tools for developing your own IP protection system. Our company will help you to protect your rights and your products, so please contact our lawyers for advice.
copyright / green technologies / innovations / intellectual property
