Open AccessAnalyzing Utility Model Protection of Certain Technologies towards Waste Management Solutions in Developing Countries
This research examines It is no secret that developing countries like India and Sri Lanka are actively facing unresolved issues with waste-management. Despite having introduced laws and regulations in this sphere, the growing needs of their economy have ensured vast generation of waste. Rising needs of the industry and consumer usage has contributed to existing problems with waste segregation and treatment. Stories of horror concerning waste-sites have dominated news. Waste management is after all a resource-heavy process. When compared in relative terms, other items on municipal agenda attract said resources. To grow sustainably is to grow holistically and to take into consideration inter-generational equity. Where limited State resources in terms of financing waste management is concerned, a possible solution might lie in intellectual property law. Though sustainable development goals enunciated under the 2030 Agenda by the United Nations do not explicitly mention intellectual property, they do mention innovation and technology. Scholars have appreciated the link between climate change and patent law for instance, and even called for reformations in patent prosecution formalities, to encourage green innovations. But one the major problem with access to inventions is that, it is expensive. To ease the financial burden on the State, a lesser form of intellectual property may be the solution. Utility-Models are a category of intellectual property which looks to provide economic protection for innovations involving low inventive-step. In India, such innovations are called Jugaad Innovations. Its elder sibling, Patent, involves significant inventive-step. A policy reason for not promoting utility-models in these countries is a real possibility of its combined use with patent law to secure perpetual property rights. This paper looks to analyse the possibility of creating a sector-specific utility model system. It takes inspiration from countries where both patent and utility model system exist in mutual harmony. It weighs in, on the possible beneficial impact on waste management. In doing so, it would open up avenues for further research in the area
