WEBINAR

COVID-19 PANDEMIC AND GREEN INNOVATION:

EXPLORING SOCIAL ASPECTS OF IPR ON WORD IP DAY
Organised by
Campus Law Centre
University of Delhi
26th April 2020 11: AM to 12:30 PM
Panellists

Mr. K.M. Gopakumar Prof. T.C. James

Legal Advisor & Senior Researcher President, NIPO
Third World Network Visiting Fellow, RIS

Prof. (Dr.) Raman Mittal Dr. Kshitij Kumar Singh

Professor-In-Charge Assistant Professor of Law
Campus law Centre, Faculty of Law Campus Law Centre, Faculty of Law
University of Delhi University of Delhi
 CAMPUS LAW CENTRE, UNIVERSITY OF DELHI

WEBINAR

COVID-19 PANDEMIC AND GREEN INNOVATION

EXPLORING SOCIAL ASPECTS OF IPR ON WORLD IP DAY

On the World IP day, we are conjoining two subthemes with one common
thread of social aspects of IP. The second theme is a thoughtful selection by the
WIPO as the theme of the World IP Day 2020 while the first one is
superimposed by a virus shaking the whole world and overshadowing
whatsoever other themes and subthemes could be possible. However, both the
themes prompt us to explore the social aspects of IPR, which is largely ignored
in IP practices. IP by its very nature is based upon a composed model that
seeks to strike a delicate balance between rewarding the inventors and creators
on one hand and promoting the public good on the other. Both “Covid-19
Pandemic” and “Innovation for Green Future” have prompted us to revisit this
balance and examine the prevailing IP practices.

The inbuilt mechanism of IPR with inherent flexibilities to absorb the emergent
situations such as Covid-19 is under scanner, the pandemic raises questions as
to the licensing practices including compulsory licensing, prioritizing fields of
research and innovation, (e.g. the prioritizing innovation in life saving essential
drugs, innovation in vaccine development that has been left as a less-priority
area) the accessibility and affordability of patented drugs and testing kits and
the application of relevant provisions relating to emergent situations. In this
regard, it is overwhelming to see the increasing trend of collaboration among
various companies by opening the gates of patented technologies for a common
cause; promoting accessibility of medical tools, testing kits and other
necessities. Giant IT companies are making patent pledges to refrain from
exercising their exclusive rights for a particular period of time. Many countries
are amending their lP laws to make it compatible with the needs of the given
situation; companies are releasing funds and shifting their manufacturing from
their respective mainstream production to production of masks and sanitizers.
However, certain reports show that some businesses are allegedly exploiting
this emergent situation by maximizing their benefit through the strong assertion
of IPR. Most importantly, this emergent situation raises questions about the
fair-play in non-emergent situations, do these intellectual property players pay
the same heed on these concerns in normal situations, aligning with the more
sustainable use of their rights. There is always some economic angle involved
in IPR practices, however, it is not their use but abuse that creates the problem.
When the purpose is lost, the balance is leaning more towards profit making
and not towards public welfare. A judicious exercise of power is always the
key.

In line with the fair and sustainable practices, the World IP Day theme,
“Innovate for Green Future”, also requires a responsible and more sustainable
behavior of IP community. IPR could be helpful in promoting green innovation
by prioritizing those innovations, which provide technological solutions to
environmental problems e.g. climate change; promoting judicious exercise of
intellectual property rights e.g. patents in this area may allow open
collaboration and access to technologies through eco-friendly licensing
strategies including open and collaborative model; environment-related signs,
symbols and words (using the prefix “eco”, “enviro”) may be considered as
trademark to promote eco-friendly goods in the market, plastic free/recycled
items could be promoted through designs. WIPO Green is a wonderful
initiative, enabling an online platform that seeks to connect providers and
seekers of environment friendly technologies. Due to lockdowns and decreased
human activities, one can see the relishing environment with phenomenal
decrease in pollution and significant improvement in the ecosystem. This
clearly reflects that who is responsible for environmental-degradation.
Sustainability is the key and IPR could be a helping tool in promoting eco-
friendly practices. IPR, if practiced in full conformity with its objectives and
social responsibilities, could be instrumental in achieving the goal of green
future.

Structure of the Webinar

There are four panellists including the moderator, who deliberate upon the
topic by touching upon the area of their expertise in tune with the theme of the
Webinar.

The Webinar will have two aspects

1. General Background and the Discussion pertaining to COVID-19

Pandemic and IPR
2. The Discussion on World IP Day Theme (“Innovate for a Green
Future”) and Final Takeaways

Timing: From 11:00 AM to 12: 30 PM (April 26, 2020; Sunday)