Greening Patent Law: The Sri Lankan Perspectives

Abstract

Environmental issues are one of the key areas addressed by technology. The patent system has the potential of enhancing technological development. However, despite the fact that promoting environmentally – valuable innovation has become a key area which requires national and international priority, the current patent law of Sri Lanka has failed to prioritize environmentally valuable patents. The recent Meetotamulla garbage dump disaster in Sri Lanka too reveals the non-availability of a potential tool to manage solid waste. Therefore this research aims to identify the existing patent legal framework of Sri Lanka with regard to green patents and its possibility to promote ‘green technology’. It is also aimed at scrutinizing how other jurisdictions have fast-tracked green patents and its relevance to Sri Lanka. Finally this research intends to propose a fast-tracked green system to Sri Lanka to promote environmentally valuable patents. In conducting the research, socio-legal approach was followed relying on both qualitative and quantitative data. Statutes and decided cases were used as primary sources and legal treatises, research journals and conference proceedings were used as secondary sources. Furthermore, information gathered through key informant interviews based on open ended questionnaires were utilized to glean empirical evidence. Moreover, comparative legal analysis concerning the legal framework in China and Sri Lanka was conducted in reaching the recommendations and conclusion. The findings reveal that the countries that have fast-tracked green patents, have achieved a significant development with regard to green technology. In achieving sustainable development, Sri Lanka too has a responsibility of addressing burning environmental issues such as energy efficiency, recycling and waste disposal. Therefore, an expedited system of green patents could be utilized as the initial effort in granting green patents in Sri Lanka.