How Start-ups and MSMEs can Innovate and Lead India into a Green Future
Green innovation has been gaining ground within governments and companies as an effective way to deal with climate change and promote a Green future. The term Green Innovation refers to innovations which ultimately impact the environment by lowering the carbon footprint or safeguarding the natural resources. Further, according to Chapter 34 of Agenda 21 (The United Nations Program of Action from Rio, 1992), Green technologies include technologies that protect the environment, are less polluting, use all resources in a more sustainable manner, recycle more of their wastes and products, and handle residual waste in a more suitable manner than the technologies for which they were substitutes.
Despite the rise of green innovation around the world, India’s green innovation potential remains underutilized. India has yet to build capacities for research, invention as well as adoption of green technologies. This is crucial not only for the environment but also for the Indian economy. The following article discusses how Start-ups and Micro, Small, and Medium Enterprises (MSMEs) can innovate and lead India into a green future.
Table of Contents
Importance of IP for Green tech MSMEs & Start-ups
MSMEs and start-ups working in the green tech domain need to come up with creative ideas and innovative approaches to effectively shape a green future. The overall IP system plays an important role in supporting and encouraging companies working in the green tech domain. Given below are some of the benefits achieved by Green innovators through Intellectual Property (IP) protection:
- Protect, Stop & Open Access Rights
IP rights enable green innovators to protect their inventions or brands from illegal use. In case owners suspect any unauthorized use, they can stop the infringers by enforcing their IP rights. Interestingly, if inventors want their invention to remain in the public domain and want to make it free to use, a secured IP right can ensure that no third party can exploit the invention without the inventor’s consent.
- Attract Investments
If a green tech company has an innovative technology to develop a green product or process, it attracts investment from companies/investors seeking green technologies. IP rights allow such green tech companies to not only protect their IP from companies seeking these technologies but also create opportunities to attract investment via licensing and cross licensing, etc.
- Recover Investments
According to a survey conducted by the Institute for Business Value and Oxford Economics, 90% of Indian start-ups fail within the first five years of establishment. Such failures result in a huge financial burden on the start-ups. IP rights can help start-ups recover their investments and even make profits.
Relevant IP Classes for Green Tech Companies
| Green Tech – Goods & Services | Trademark Class | Design Class |
| Air Purification services | 40 | NA |
| Treatment of water, Purification of Industrial wastewater | 40 | NA |
| Generation of electricity from wind, wave energy, Solar energy | 40 | NA |
| Waste treatment, processing | 40 | NA |
| Air Purification machines, Air Purification installations | 11 | 23-04 |
| Water Purification, Water Treatment, Rainwater harvesting, Sewage treatment | 11 | 23 |
| Solar energy powered heating installations, Solar Lamps, Solar Furnaces, Solar water heaters | 11 | 13-04 |
| Wind turbines, Generators for wind turbines, Wind-powered electricity generators | 7 | 13-01 |
| Solar panels, Solar Cells, Solar modules, Solar Batteries, Solar inverters | 9 | 13-04 |
The table above summarizes the relevant classes for filing trademark and design applications. Trademark Class 40 is relevant for all green tech companies seeking trademark filings. Trademark Class 7, 9 and 11 are relevant for different types of products and services. Lastly, design class are relevant for cases where companies want to protect the aesthetic aspect of any device or product. The relevant design classes are 23, 23-04, 13-04 and 13-01.
Relevant IP Rights for Different Aspects of the Invention
While applying for IP protection, companies should be aware of the different IP rights for protecting different aspects of the invention. For instance, the functional aspect of the invention should be protected by patents, the aesthetics of a product should be protected using industrial designs, the brand name, logo or slogan should be protected by filing for trademark protection and all the creative aspects, software codes and algorithms should be protected by filing for copyrights.
Assistance for Promotion of Green Innovators
To promote green innovation and green tech companies, assistance/services are readily available. The top three services are:
1. Fast-track Examination of Patent Applications
For inventions which fulfill the criteria of novelty and inventiveness, it is always advantageous to quickly obtain a patent because it allows the owner to enjoy monopoly, protects their IP and also identifies potential licensees for cross licensing and enforcement activities. Many patent offices offer fast-track examination for green technology related patent applications to incentivize and promote green innovation. To avail this service, green innovators need to request the patent office to fast-track their application. But before requesting for a fast-track examination, owners should consult their patent attorney to check if their invention is a good candidate for a fast track program. The patent offices that offer fast-track examination are the US, the UK, Australia, Canada, Japan, Brazil, Israel and South Korea. India also offers the option of a fast-track examination. However, green tech related restrictions are unavailable as of now.
2. Funds Available for Green innovations
There are several national and international organizations which offer funds for green innovations. Innovators can tap into these resources to obtain funds for their innovation. Various partners of WIPO GREEN offer programs/services to fund the development, implementation and distribution of green technologies. Further, the EU Innovation Fund for green innovators also offers funds for demonstration of innovative low-carbon technologies.
3. Assistance in Technology Commercialization
- Global Initiative (WIPO GREEN) – WIPO GREEN is an online platform that supports global efforts to address the pressing issue of climate change. WIPO GREEN connects seekers and providers of eco-friendly technologies through its online database to encourage innovation and diffusion of the green technologies. Currently, the WIPO GREEN database lists more than 3600 green technologies. The innovators can submit their invention and get support for the commercialization of their invention.
- Indian Initiative (AGNIi) – AGNIi, a program by the Indian government, is analogous to WIPO GREEN. The program is executed at Invest India which is India’s National Investment Promotion Agency. AGNIi intends to support and strengthen the initiatives undertaken by numerous stakeholders driving India’s innovation goals and connect owners of innovative solutions to the market.
Conclusion
In recent years, there has been an upward trend in green patent applications around the world. Most of these applications focus on renewable or alternative energy sources such as solar, wind, biofuels, etc. Today, adoption of green technologies is relevant more than ever to achieve a sustainable lifestyle and IP rights play an enabling role in promoting green innovation and companies working in the green tech domain. Further, India’s green technology portfolio has also increased 2.5 times in the past decade. In order to contribute to the growing green innovation, Sagacious IP has created Sagacious IP GREEN100 Ranking which evaluates and identifies the top Global Players contributing quality research towards a green future. Click here for webinar recording and to know more about Sagacious IP GREEN100 Ranking.
-Vivek Singh (Intellectual Property Prosecution), Faiz Wahid (Sales – Europe) and the Editorial Team
