The Peninsula Foundation

Category: Transformational Paradigms

  • Mining the Moon

    Mining the Moon

    In view of our upcoming event on ‘Scramble for the Skies: The Great Power Competition to control the Resources of Outer Space’, TPF is happy republish this old but excellent article under the Creative Commons License 4.0. Establishing outer space colonies and ‘mining the moon’ is a very distinct possibility in the near future. However, commercial scale of this process may take decades. Space resources, in terms of materials to be mined, will become the major focus in the coming decades.

    This article by Paul K Byrne was published originally in The Conversation.

    If you were transported to the Moon this very instant, you would surely and rapidly die. That’s because there’s no atmosphere, the surface temperature varies from a roasting 130 degrees Celsius (266 F) to a bone-chilling minus 170 C (minus 274 F). If the lack of air or horrific heat or cold don’t kill you then micrometeorite bombardment or solar radiation will. By all accounts, the Moon is not a hospitable place to be.

    Yet if human beings are to explore the Moon and, potentially, live there one day, we’ll need to learn how to deal with these challenging environmental conditions. We’ll need habitats, air, food and energy, as well as fuel to power rockets back to Earth and possibly other destinations. That means we’ll need resources to meet these requirements. We can either bring them with us from Earth – an expensive proposition – or we’ll need to take advantage of resources on the Moon itself. And that’s where the idea of “in-situ resource utilization,” or ISRU, comes in.

    Underpinning efforts to use lunar materials is the desire to establish either temporary or even permanent human settlements on the Moon – and there are numerous benefits to doing so. For example, lunar bases or colonies could provide invaluable training and preparation for missions to farther flung destinations, including Mars. Developing and utilizing lunar resources will likely lead to a vast number of innovative and exotic technologies that could be useful on Earth, as has been the case with the International Space Station.

    As a planetary geologist, I’m fascinated by how other worlds came to be, and what lessons we can learn about the formation and evolution of our own planet. And because one day I hope to actually visit the Moon in person, I’m particularly interested in how we can use the resources there to make human exploration of the solar system as economical as possible.

    A rendering of a possible lunar habitat. credit: Eos.org

    In-situ resource utilization

    ISRU sounds like science fiction, and for the moment it largely is. This concept involves identifying, extracting and processing material from the lunar surface and interior and converting it into something useful: oxygen for breathing, electricity, construction materials and even rocket fuel.

    Many countries have expressed a renewed desire to go back to the Moon. NASAhas a multitude of plans to do so, China landed a rover on the lunar farside in January and has an active rover there right now, and numerous other countrieshave their sights set on lunar missions. The necessity of using materials already present on the Moon becomes more pressing.

    Anticipation of lunar living is driving engineering and experimental work to determine how to efficiently use lunar materials to support human exploration. For example, the European Space Agency is planning to land a spacecraft at the lunar South Pole in 2022 to drill beneath the surface in search of water ice and other chemicals. This craft will feature a research instrument designed to obtain water from the lunar soil or regolith.

    There have even been discussions of eventually mining and shipping back to Earth the helium-3 locked in the lunar regolith. Helium-3 (a non-radioactive isotope of helium) could be used as fuel for fusion reactors to produce vast amounts of energy at very low environmental cost – although fusion as a power source has not yet been demonstrated, and the volume of extractable helium-3 is unknown. Nonetheless, even as the true costs and benefits of lunar ISRU remain to be seen, there is little reason to think that the considerable current interest in mining the Moon won’t continue.

     

    It’s worth noting that the Moon may not be a particularly suitable destination for mining other valuable metals such as gold, platinum or rare earth elements. This is because of the process of differentiation, in which relatively heavy materials sink and lighter materials rise when a planetary body is partially or almost fully molten.

    This is basically what goes on if you shake a test tube filled with sand and water. At first, everything is mixed together, but then the sand eventually separates from the liquid and sinks to the bottom of the tube. And just as for Earth, most of the Moon’s inventory of heavy and valuable metals are likely deep in the mantle or even the core, where they’re essentially impossible to access. Indeed, it’s because minor bodies such as asteroids generally don’t undergo differentiation that they’re such promising targets for mineral exploration and extraction.

    Artist’s impression of In Situ Resource Utilisation. Credit: Universe Today

    Lunar formation

    Apollo 17 astronaut Harrison H. Schmitt standing beside a boulder on the lunar surface. NASA

    Indeed, the Moon holds a special place in planetary science because it is the only other body in the solar system where human beings have set foot. The NASA Apollo program in the 1960s and 70s saw a total of 12 astronauts walk, bounce and rove on the surface. The rock samples they brought back and the experimentsthey left there have enabled a greater understanding of not only our Moon, but of how planets form in general, than would ever have been possible otherwise.

    From those missions, and others over the ensuing decades, scientists have learned a great deal about the Moon. Instead of growing from a cloud of dust and ice as the planets in the solar system did, we’ve discovered that our nearest neighbor is probably the result of a giant impact between the proto-Earth and a Mars-sized object. That collision ejected a huge volume of debris, some of which later coalesced into the Moon. From analyses of lunar samples, advanced computer modeling and comparisons with other planets in the solar system, we’ve learned among many other things that colossal impacts could be the rule, not the exception, in the early days of this and other planetary systems.

    Carrying out scientific research on the Moon would yield dramatic increases in our understanding of how our natural satellite came to be, and what processes operate on and within the surface to make it look the way it does.

    The coming decades hold the promise of a new era of lunar exploration, with humans living there for extended periods of time enabled by the extraction and use of the Moon’s natural resources. With steady, determined effort, then, the Moon can become not only a home to future explorers, but the perfect stepping stone from which to take our next giant leap.

     

    Feature Image Credit: SciTechDaily

     

  • New ‘Drone Rules’ is set to transform Drone business in India

    New ‘Drone Rules’ is set to transform Drone business in India

    Not many would know that Goldman Sachs has predicted that in the next five years the drone market will be worth over a hundred billion US dollars. India became an IT hub in the 1990s and Indian programmers were sought-after during the dot-com boom. This was not because of some great policy decisions that we took at that time but rather it was because of no policy on the subject. There were times when computers gathered dust in some ministries because the minister felt computers are sinister equipment that could take away people’s livelihood.

    ‘Drones’ are said to be the next big thing that the world has ever seen since IT and Dotcom in terms of technology disruption and touching the lives of people in all spheres. Traditional modes of transportation of goods, surveillance, survey, and foraying into newer areas like agriculture, marine et cetera are some areas where the drone is already making waves.

    The recent ‘Draft Drone Rules’, released for public comments by the civil aviation ministry, is a welcome change from the previous one which gave the impression that obtaining a license would be a herculean task. Some companies like AutomicroUAS Aerotech Pvt ltd and many others did obtain a license using provisions of the previous policy. The new draft policy is a more user and business-friendly drone policy. This is a very good and the first decision by the new civil aviation minister, Jyotiraditya Scindia, after assuming office.  Some of the highlights of the new drone policy are: –

    • Up to 500 kgs of drone Aircraft Rules, 1937 is no more applicable. This is a significant change because the Aircraft rules 1937 is specifically applicable for airplanes that carry humans and therefore, have been made with that purpose.
    • There are a significant number of people who fly nano and micro drones in India. Including operators of model aircraft. Ubiquitous drones include drones flying at marriage parties and increased use of drone shots in the entertainment field. These people now can fly these drones/model aircraft without having a drone pilot license. This singular step itself will bolster not only self-employment but also reduce unemployment in the country. Being a drone pilot is also looked at as one of the coolest things today.
    • Drone imports will still be controlled by DGFT (director-general foreign trade). This currently could be looked at as a bit of an impediment for those entrepreneurs who are dependent on imports of certain drone parts. However, in the long run, this provision could bolster making those parts in India and selling them abroad. Easing of import of drones/drone parts currently and bringing in stricter rules as time goes by would have been a better option. This aspect could be looked at by the government to promote innovators and children who are looking to learn, for who importing certain critical drone components is vital. It is highly recommended that drone imports controlled by DGFT be done away with for the time being.
    • The creation of a drone corridor is likely to change the face of the Indian Economy. Logistics Operation, last-mile connectivity, the short haul of goods between two towns, and the cost of connectivity between places are set to change dramatically. This change alone, in my opinion, is likely to bring a significant impact in times to come. Not many have realized the power of creating drone corridors and all that remains to be seen is how this rule is taken forward by the government in improving logistics connectivity and creation of drone highways in times to come.
    • The drone research and development Organisation as a provision in the rule is futuristic and is likely to change the face of the drone industry in India. Correctly harnessed and nurtured, this rule could enable the development of many centres of excellence of drones. The government needs to create an equivalence of ‘Silicon Valley’ for the drones so that organisations dealing with hardware, software, artificial intelligence et cetera can come together and take this endeavour forward.
    • There are several companies across the world that are working on unmanned traffic management (UTM) including an Indian company called Avianco. These companies now could collaborate with the government of India in providing unmanned traffic information and could work as a service provider for tracking of drones as well as providing drone operators with simple NPNT permission, which is one of the provisions in the new drone policy.
    • Third-party drone insurance could be adequate as specified in the rules. However, drones are costly equipment. Readers would be surprised to know that most of these drones are costlier than small hatchback cars. Therefore, owners of these drones may want to go for comprehensive insurance. This is a huge opportunity for insurance and insurance facilitation companies like TropoGo, in the area of drone insurance. In times to come, the number of drone insurance policies may well overtake the number of vehicle insurance policies in the world. Since drones are set to replace many of the traditional workforce and industries.
    • ‘Drone promotion Council’ as specified in these rules should have come up as of yesterday, but it’s never too late. Those countries who missed this ‘Drone-Bus’ may get left behind in the overall economic progress in times to come. Therefore, setting up the ‘drone promotion council’ is the need of the hour.
    • Highlights of the new ‘Draft Drones Rules’ are shown below:

     

    The new drone policy of India is a welcome change. It is a well-thought-out, simplified policy that India has seen in recent times. This policy aligns with Prime Minister Modi‘s vision for India in terms of reducing unemployment, improving ease of doing business, self-employment, making India go digital, and becoming a technology leader in the world. What the future holds will entirely depend on how these rules are interpreted and implemented efficiently without the usual horrors of the red-tapism of the past.

     

    Image Credit: www.geospatialworld.net

     

  • Retrofit Winglets for Wind Turbines

    Retrofit Winglets for Wind Turbines

    Retrofit Winglets for Wind Turbines

    Vijay Matheswaran1 and L Scott Miller2
    Wichita State University, Wichita, KS 67260
    Patrick J Moriarty3
    National Renewable Energy Laboratory, Golden, CO 80401

    The benefits of using winglets on wind turbines has been well documented. However, adding winglets to wind turbine blades leads to significant increases in blade root bending moments, requiring expensive structural reinforcement with cost and weight drawbacks. A unique design philosophy for retrofitting winglets on existing wind turbines is presented. These retrofit winglets offer an increase in power produced without the need for structural reinforcement. Predicted performance and cost benefits are illustrated via a study using the NREL 5MW reference wind turbine. The addition of winglets resulted in a 2.45% increase in Coefficient of Power (Cp) and 1.69% increase in Annual Energy Production (AEP).

    Nomenclature

    Cp = coefficient of power

    V¥ = freestream velocity

    𝑟i = blade section radius

    𝜃t = blade section twist

    𝐼$ = Initial Cost per year

    𝑀$ = Annual Operating Expense

    Et = Annual Energy Output

    I. Introduction

    The idea of winglets on wind turbines is one that has been periodically explored in the past few decades. The earliest studies incorporating blade tip devices on wind turbines were done by Gyatt and Lissamann1. Drawing from advanced tip shapes that were being applied to fixed wing aircraft to reduce drag, the authors tested four tip designs on a 25kW Carter Wind Turbine in San Gorgonio Pass, California. Further studies were carried out in subsequent decades. Van Bussel2 developed a simple momentum theory for blade winglet configurations. Imamura et al.3 analyzed the effects on winglets on wind turbines using a free-wake vortex lattice method. Guanna and Johansen4 developed a free wake lifting line model to compute the effects of winglets, comparing it with CFD results obtained using EllipSys3D. Johansen and Sorenson5 did further studies on increasing power coefficient with the use of winglets, showing that adding winglets definitely changes the downwash distribution, leading to an increase in the power produced by a wind turbine.

    While the benefit of adding winglets has been well documented, there are drawbacks to adopting the traditional method of doing so. The addition of large, heavy winglets to maximize aerodynamic benefit leads to significant increases in root bending moments. Imamura et al.6 analyzed the effects of winglets on wind turbine blades using a free-wake vortex lattice method. Their study showed that a winglet at an 80°cant angle and height of 10% of the rotor radius resulted in a 10% increase in the blade root flapwise bending moment. This situation may require blade structural reinforcement, making winglets an expensive and often infeasible proposition. In order to address this, a novel design philosophy has been developed, allowing the use of retrofit winglets that offer an increase in power produced, but without the need to structurally reinforce the blade. This paper outlines the design philosophy, tools

    used and results from initial simulations.

    II. Design Philosophy for Retrofit Winglets

    The key differentiator between this study and prio winglet studies is the design philosophy: designing a lightweight winglet at minimum cost that, while providing an improvement in the turbine’s Coefficient of Power (Cp), does not require blade structural reinforcement. Such a winglet does not seek to maximize Cp, but rather minimize blade bending moments with an acceptable increase in Cp. This is accomplished by balancing the centrifugal force and aerodynamic normal force generated by the winglet. Balancing forces minimizes increases in blade root bending moment, negating the need for an exceptionally strong winglet and allowing it to be light, and requiring noreinforcement of the main blade. Savings in weight are strongly related to cost, so a lighter winglet implies a cheaper, more cost effective one. Accordingly, the best winglet is not one that offers the maximum increase in Cp, but rather offers an increase in Cp while ensuring forces are balanced within a threshold. Figure 1 presents a freebody diagram of the retrofit winglet. A qualitative plot highlighting the design philosophy and the optimal design space is presented in Figure 2. To be able to guage the effects of winglets developed using the mentioned design philosophy, it was decided to use the NREL 5MW wind turbine7 as a reference turbine, and implement a vortex lattice method and cost function to evaluate aerodynamic efficacy and feasibility. The NREL 5MW reference wind turbine is a conceptual three-bladed upwind turbine that was primarily designed to support concept studies. It is heavily based on the Repower 5MW wind turbine; however, in cases where detailed information is not available, data from publicly available conceptual studies is used.

    1 PhD Candidate, Department of Aerospace Engineering, AIAA Student Member

    2Professor and Chair, Department of Aerospace Engineering, AIAA Associate Fellow

    3Team Lead, Wind Plant Aerodynamics, AIAA Member


    Click here for access to the Paper

  • Analysing Denmark’s Offshore Wind Energy Sector: Lessons for India

    Analysing Denmark’s Offshore Wind Energy Sector: Lessons for India

    Globally, Europe has the highest capacity of power generated from offshore wind energy. Amongst the European countries, Denmark, the UK and Germany have been pioneers and are currently leading as the largest power producers from offshore wind energy. Danish assistance has been in high demand to help countries shorten their implementation time for offshore wind turbine projects. In 2019, India entered into a bilateral agreement with Denmark to develop an offshore wind market and related technical capabilities. According to a document published by the Danish government, their authorities have specialised technical knowledge that can help Indian authorities establish framework conditions for the rollout of offshore wind power.

    Denmark’s Offshore Wind Energy Sector  

    The Danish Government has set a target of reducing greenhouse gas emissions by 70%, as compared to 1990 levels, by 2030 and having 100% of Danish energy supplied through renewable sources by 2050, apart from achieving net-zero emissions by the same time. The scarcity of proper onshore sites and the abundance of shallow waters with wind resources drove its move to offshore wind, in the early 1990s,. In Denmark, there is a strong symbiosis between energy and industrial policy because of many leading offshore wind energy companies having Danish roots such as DONG, Vestas, Bladt, Siemens Wind, etc. India must achieve such a symbiosis in its offshore wind policies so that the industry can be successful in the long term.

    Denmark’s ambitious targets coupled with their evolving policies in terms of bureaucratic procedures, environmental safety, and finance, among others, have driven the growth of the offshore wind energy sector since the 90s. This analysis looks at each of these segments.

    Consent Procedures:         The Danish Energy Agency (DEA) has been a single point of access to all offshore wind energy companies when it comes to issues related to permits. Meaning, the DEA grants all permits which include permits from other appropriate government authorities such as the Danish Nature Agency, Ministry of Defence, and the Danish Maritime Authority. This is the one-stop-shop and has been adopted not only in Denmark but in many other European countries. Such a method ensures rapid and un-bureaucratic application processing and ease of doing business. This also avoids a lot of confusion.

    Grid Connectivity:             The financing of the grid connection for offshore wind farms depends on how it is established:

    • Enterprises can follow the Government’s action plan for offshore wind development wherein the DEA will invite bids to tender for pre-specified sites or
    • Enterprises can follow the ‘open-door principle’ wherein independent applications can be made for any site and upon complete assessment by the DEA, it will invite bids to tender for the site, given that the results of the assessment are positive.

    In the first case, the grid operator will finance the connection, including step-up transformers. Such socialisation of grid costs is an attractive feature for project developers in Denmark.

    However, in the second case, the responsibility falls on the developer. We may also expect costs of any necessary grid reinforcement to be borne by the developer. The three private offshore wind farms established in Denmark, following the ‘open-door principle’ – Samsø, Rønland, and Middelgrunden – have had no notable problems. These projects are, however, within 3km of the coast, which would imply that the grid connection costs were not exorbitant.

    Environmental Assessment:          In Denmark, an extensive environmental assessment takes place before the construction of an offshore wind farm. The DEA provides companies or enterprises a license to conduct preliminary studies, including environmental (Environmental Impact Assessment) and technical (ground investigation) studies, either directly after a tender (first process) or following the receipt of the first satisfactory planning documentation (second process).

    For instance, in the case of the Anholt farm, one of the largest offshore wind farms with a capacity of 400 MW, the project team performed an extensive environmental assessment that included the impact on marine animals in the area and their habitats, noise calculations, air emissions, and the potential risk to ship traffic. Using data from other wind farm projects like Denmark’s Nysted Wind Farm, and undergoing their analysis, the Anholt project team projected only minor, insignificant affects.

    Financial Incentives:          In Denmark, they support offshore wind farms through a feed-in tariff system, which is set through a competitive auction process. Power off-take in Denmark is largely managed through the DEA. There is no renewable purchase obligation in place in Denmark, but electrical power from renewable energy has priority access to the grid. In some cases, the owner may choose to sell the electrical power to utilities or other power suppliers through a Power Purchase Agreement (PPA). If the power price drops to zero or negative, there is an oversupply of electricity – then renewable projects do not receive any support. Hence this motivates generators to curtail output and help supply-side grid management.

    De-risking the development process:          The Danish Government undertakes geotechnical studies, wind resource assessment, and environmental surveys before a site being leased. The lease areas are then auctioned off to the lowest bidder. This hugely benefits developers as the site is effectively de-risked, leading to a lower tender price. If this were not the case, the developers would have to include risk provisions and contingency, owing to uncertainty regarding the ground conditions. Further, de-risking a site would increase willingness to plan and bid for the sites leased.

    Simply put, the Danish offshore wind energy policies developed by the DEA and the Government have evolved over the years to tackle situations as they occur. This has led to sustained growth in the sector and has succeeded in powering close to 50% of the country’s electricity demand. Besides successfully developing its sector, it has been an outstanding example to many countries in Europe such as the UK and Germany. The UK has adopted the one-stop-shop model to ease procedural difficulties. Germany has adopted the open-door procedure of establishing offshore wind farms.

    India’s Offshore Wind Energy Sector

    The offshore wind energy sector in India is in its nascent stage. Its 2015 National Offshore Wind Energy Policy shows that the Ministry of New and Renewable Energy (MNRE) will act as the nodal Ministry for the development of Offshore Wind Energy in India that will monitor offshore wind energy development in the country. It will also work closely with other government entities for the use of maritime space within the Exclusive Economic Zone (EEZ).

    The Ministry has set a short-term target of 5.0 GW of offshore wind installations by 2022 and a long-term target of 30 GW by 2030 which, according to government documents, is expected to give the confidence to project developers in the Indian market. Over 95% of commercially exploitable wind resources are concentrated in seven states – Andhra Pradesh, Gujarat, Karnataka, Madhya Pradesh, Maharashtra, Rajasthan, and Tamil Nadu. But the land resources required for onshore wind projects are gradually becoming a major constraint. This could very well cause an increase in the market-determined tariffs of onshore wind energy in the future. Offshore wind power, however, offers a viable alternative in such a scenario. The Indian government, like Denmark, has to make policies to the best of their effort that will bring confidence to developers and de-risk the development of the sector to further encourage developers.

    Although India has a huge potential in the renewable energy sector, the developers’ issues remain unresolved. For instance, Gujarat and Tamil Nadu have most of the high potential sites off their coasts to develop offshore wind energy. But a major concern for offshore wind developers would be the problem of grid integration. The two states already have a high degree of solar and wind renewables integrated into their power grid. By adding on power generated through offshore wind energy, they will face a significant hurdle with the evacuation and integration of this additional power. Without proper renewable energy storage systems, there is also the added burden to maintain an equilibrium between the supply and demand of power generated through the variable sources as otherwise, there will be a great deal of wastage and an unnecessary surge in the prices.

    Adding on to the problems faced by developers, benefits such as accelerated depreciation were recently withdrawn and as a result, investments have slowed down. Thus, project developers not only want accelerated depreciation to be reintroduced, but they also want assurance from the government that such fiscal benefits will continue for the long-term. If these fiscal benefits are reintroduced, developers will feel more optimistic about their prospects in the sector. Further, it would also encourage small developers to invest more in the sector.

    Another area that is causing considerable angst for the wind project developers in India is the delay in realising the payments due to them from the state electricity boards. These delays affect the cash flows, thereby threatening the viability of many of these projects. Such experiences will make offshore project developers cautious in venturing into making large investments into the sector.

    In terms of policies that Indian policymakers can adopt from Denmark are the one-stop-shop and an open-door procedure of establishing offshore wind farms. Having the MNRE as a single point of access would make the bidding and tendering process more efficient. This is because a developer has to coordinate with various departments such as the MNRE, the ministry of defence, the ministry of external affairs, nature and wildlife, etc before they can start producing in an offshore wind farm. It would also benefit to have an open-door procedure, but only in the long term. Initially, though, the government should identify possible sites and work on de-risking the development process to encourage more participation in the bidding process.

    Conclusion

    In line with its Paris Agreement commitments, India is working to ensure that by 2030, 40% of its power generation capacity will come from non-fossil fuel sources. Currently, renewable energy makes up 36% of India’s power capacity through mainly small and large hydro, onshore wind, and solar energy. Producing power through offshore wind energy will be a welcome addition to the existing sources.

    During the RE-Invest 2020 conference, the MNRE Joint Secretary announced that the Indian government is looking into setting up structures for power purchase agreements and offshore wind auctions. Thus, to successfully implement its plans, it will require further offshore wind resource data and analysis to identify viable project sites and, revive industry demand for this market.

    Feature Image Credit: www.renewablesnow.com

    Image: Anholt Offshore Wind Farm

     

  • The Economics of Clean Energy: Transitioning to Renewables in a Post-COVID Era

    The Economics of Clean Energy: Transitioning to Renewables in a Post-COVID Era

    “the climate emergency is a race we are losing, but it is a race we can win” – Antonio Guterres, UN Secretary General

    Even without a global health pandemic, our world is still facing a crisis of staggering proportions.  In the 21st century the threat of climate change has outweighed almost all the other threats put together. Such is the pressing nature of the issue that it has even prompted re-branding of nomenclature from ‘climate change’ to ‘climate crisis’ – because that is what it is, a crisis. But as the UN secretary general António Guterres points out, “the climate emergency is a race we are losing, but it is a race we can win”.

    In this light, it is high time a discourse on transition to clean energy systems takes centre stage. With climate change progressing at an alarming rate, the need for clean energy has only been compounded.  At a time of great disruption for the world owing to an unprecedented health crisis with severe economic and social ramifications, a transition to renewables could be the way forward. As governments around the world lead COVID-19 recovery efforts, the verdict is clear that we cannot go back to our old systems – a transition to clean energy must be on the forefront of national agendas.  While the road to recovery is long and might take years, it is also the perfect opportunity for governments to accelerate clean energy adoption by putting this transition at the heart of post-COVID-19 social and economic recovery plans.

    While COVID-19 has certainly slowed down this transition by disrupting and delaying several renewable energy expansion and installation projects, the outlook on clean energy still looks very promising. In Q1 2020, global use of renewable energy in all sectors increased by about 1.5% relative to Q1 2019, while the overall share of renewables in global electricity generation jumped to nearly 28% from 26% in Q1 2019. While this does not reflect the impact of COVID-19 on capacity expansion, as the increase in use is largely due to expansion efforts in the preceding years, it is still a positive sign.

    Solar PV has had the most remarkable fall during this period, with the levelized cost of electricity (LCOE) falling almost 82% over the last decade. Closely following are CSP and On-shore Wind, both of which have fallen 47% and 38% respectively

    Even without factoring in the current global scenario, the rationale for transition has never been more compelling. Over the past decade, the cost of renewables has fallen to record lows (as shown in Figure 1), making it more attractive than ever before to invest in clean energy. Solar PV has had the most remarkable fall during this period, with the levelized cost of electricity (LCOE) falling almost 82% over the last decade. Closely following are CSP and On-shore Wind, both of which have fallen 47% and 38% respectively. Batteries, which have been appraised as one of the key enabling technologies in accelerating the shift to clean energy, have also recorded significantly lower costs in the past couple of years. Battery technologies such as Lithium-ion and Vanadium-flow have long been considered the missing link in ensuring continuity of supply for Wind and Solar generated power, which often depend on the vagaries of the weather. The LCOE for Lithium-Ion batteries has fallen by 35% since 2018, owing to advancements in technology. The only increases in cost have been recorded by Geothermal and Hydropower.

    With the cost of renewables falling, fossil fuel options are looking more and more expensive. According to IRENA (International Renewable Energy Agency), by 2020 Solar PV and onshore wind will be less expensive than the cheapest fossil fuel alternative. In the past, one of the key reasons why fossil fuels such as oil and gas were considered attractive options was because they were highly subsidized and incentivized. The true cost of these non-renewable sources minus the subsidies may well be much higher. The conventional cost of fossil fuels also does not factor in the environmental costs associated with carbon emissions. The extraction and use of these resources are often accompanied by several negative externalities associated with environmental degradation, pollution and global warming. This failure to account for the emissions and their impact has been termed by many as one of the greatest market failures the world has seen.

    Thus, falling costs of renewables coupled with the growing pressure on fossil fuels has presented the world with a unique opportunity to accelerate the adoption of clean energy. As governments pump more money into economies as part of COVID recovery efforts, the same level of investments can now yield greater returns owing to falling costs. Globally, investments in renewable capacity and technology have been on the rise and have shown remarkable growth, especially for Solar and Wind. Investments in Solar PV (Utility) in particular have shown astounding growth, increasing over 200% since 2010 to reach $69.4 billion in 2019. Total investments across renewables stands at $253.6 billion, having grown 21% in the last decade.

    While renewable capacity and investments have been growing, so has the demand for electricity. This growth in demand has somewhat offset the impact of transition to renewables. While mainstream adoption of clean energy is still progressing in the right direction, policy makers are worried that the pace of transition is not fast enough to offset growing demands. Unless renewable technology can scale up quickly and bridge the demand-supply gap, this excess demand will inevitably have to be met by fossil fuels.

    The IRENA estimates that investments in clean energy could boost global GDP by close to $98 trillion by 2050

    Despite several roadblocks still existing for large-scale adoption of clean energy to be made feasible, governments and institutions are putting climate action at the forefront now more than ever before. Post COVID-19, as economic recovery consolidates, we cannot afford to put clean energy on the back burner. Across the world, clean energy technologies such as electric vehicles, solar and wind energy are becoming increasingly mainstream. According to a UN report, global investment in renewables is set to triple in the next 10 years. If governments continue to sustain this momentum, the benefits are manifold. The IRENA estimates that investments in clean energy could boost global GDP by close to $98 trillion by 2050. Thus, the rationale is clear and more compelling than ever for a shift to clean energy. The robustness and resilience of economies to future global shocks will be determined by how quickly and effectively they transition to renewables and reduce dependence on fossil fuels.

     

    References

    [1] The Climate Crisis – A Race We Can Win. (2020). United Nations.

    https://www.un.org/en/un75/climate-crisis-race-we-can-win

    [2] Renewables 2019 – Global Status Report. Ren 21. Retrieved from: https://www.ren21.net/wp-content/uploads/2019/05/gsr_2019_full_report_en.pdf

    [3] Global Energy Review 2020. (2020, April). IEA.

    https://www.iea.org/reports/global-energy-review-2020/renewables

    [4] Renewable Power Generation Costs Report 2019. (2020, June). IRENA. https://www.irena.org/publications/2020/Jun/Renewable-Power-Costs-in-2019

    [5] Henze, V. (2019, March 26). Battery Power’s Latest Plunge in Costs Threatens Coal, Gas. Bloomberg NEF. 

    Battery Power’s Latest Plunge in Costs Threatens Coal, Gas | BloombergNEF (bnef.com)

    [6] Sinha, S. (2020, September 23). How renewable energy can drive a post-COVID recovery. World Economic Forum.

    https://www.weforum.org/agenda/2020/09/renewable-energy-drive-post-covid-recovery/

     

    Image Credit: AZoCleantech.com

  • Contemporary and Upcoming Issues In the Field of Intellectual Property Rights

    Contemporary and Upcoming Issues In the Field of Intellectual Property Rights

    1.1   Contemporary Issues: IP Awareness and Drug Price Caps

    1.1.1. Introduction

    The realm of intellectual property (IP) rights has been in existence and been a driving force for novelty and innovation for centuries and can be dated back to at least 500 BC when a state in Greece provided protection for 1 year to innovators of ‘a new refinement in luxury’, ensuring innovators can monopolize and reap benefits out of their innovations.[i] That being the case, the first international convention (known as the ‘Paris Convention’) was enforced much later in the year 1883, establishing a union for the protection of ‘industrial property’. Since then, we have seen rapid growth in the field of IP rights. It goes without saying that till the time entrepreneurs are incorporating companies, innovators are inventing technology or artists are creating their works of art and/or literature, the domain of IP will only progress further.

    Although the evolution of international IP regime has been rapid and the laws have become a lot more complicated than they initially were, it appears that we have only scratched the surface of the extent and reach of IP rights. It cannot be stressed enough that IP rights are crucial to every company, creator and inventor since it ensures that their rights and interests are protected and gives them the right to claim relief against any violation.

    Insofar as the Indian IP regime is concerned, we have seen a gradual but crucial development in our laws which has now motivated not only foreign corporations to seek IP protection in India but has also supported start-ups in seeking protection of their IP to the extent that these enterprises have the liberty to seek the protection of their IP at significantly reduced fees (barring copyright and geographical indications). The Indian Intellectual Property Office (IPO) has also taken measures to promote e-filing by reducing costs associated therewith and improving its e-filing system/mechanism. However, the issues arise when start-ups and small enterprises seek to register their IP and are unaware of these common, but cost-effective mechanisms in place.

    Besides, our intellectual property policies (especially patent policies) have been a subject matter of criticism for a long time at a global stage due to the government’s intervention in the enforcement of patent rights. One of the primary concerns for foreign corporations and organizations have been related to working of patented inventions in India and the issue of compulsory licensing.

    1.1.2. Lack of Awareness of Intellectual Property Rights

    Launched by the Government of India in 2014, the ‘Make in India’ project has motivated entrepreneurs to establish their business with the help of government funding and foreign direct investments (FDI) of up to 100%.[ii] This step has led to a boost in people exploiting their entrepreneurial skills to establish a successful business (in most cases). Although the Make in India project also focuses on the importance of IP rights by attempting to educate the entrepreneurial minds of the importance and benefits of their IP, it appears that small businesses are yet to benefit from the IP aspect of the project. These businesses/start-ups do not realize the importance of their IP and tend to often misuse violate another’s. This leads to the institution of a lawsuit seeking infringement (or passing off) against such businesses by big corporations and since defending such Suits is an expensive and time-consuming process, it becomes an uphill task for the entrepreneurs to defend the Suits and run their business effectively. Entrepreneurs are often misinformed and miseducated of the basics of IP by professionals who do not have an expertise in the area of IP law, which leads them to believe that their acts of adopting an identical or deceptively similar trademark would go unnoticed or would not constitute infringement or passing off. Due to their lack of knowledge in the domain of IP and lack of proper guidance by professionals, these entrepreneurs tend to believe that: –

    • Adopting an identical mark (intentionally) in a different class does not constitute infringement or passing off;
    • Adopting a similar mark in the same (or allied and cognate) class does not constitute infringement or passing off;
    • Even if the competing marks are identical or deceptively similar, filing a trademark application with a user claim would give them a defensible stand against the true proprietor’s claim.

    Needless to say, these are some of the common misconceptions which lead to a claim of infringement or passing off being raised by true proprietors of the marks. Also, the possibility of the Court of law imposing damages and/or costs on a defendant cannot be ruled out either. In such a scenario, due to the limited funding of these start-ups, they are often forced to reconsider their entire business strategy in-line with the pending lawsuit. This can, however, be avoided if the entrepreneurs are either well-educated in the field of IP law or take necessary steps to ensure that they receive proper guidance regarding risks involved in registration and use of their mark, from a professional with expertise in the field of IP laws. Instances of start-ups adopting a similar or identical mark of a big corporation/start-up are quite common nowadays with some of the known cases being instituted by ‘Bookmyshow’ against ‘Bookmyoffer’, ‘Shaadi.com’ seeking relief against use of ‘Secondshaadi.com’, ‘Naukri.com’ suing ‘naukrie.com’, etc.[iii]

    In instances involving the pharmaceutical industry, the issue becomes far severe since adopting a similar or identical mark can result not only in infringement of IP but can only be extremely harmful to the patients/consumers. Unlike any other consumable item, patients/consumers are at much greater risk if they consume wrong medication and such instances where corporations adopt a similar or identical mark for its pharmaceutical drug, the consequence can be fatal to the extent that it may even lead to death. In one such famous instance in India where the Defendant was a repeated/hardened infringer, the High Court of Bombay while imposing exemplary costs of INR 1.5 crores stated “Drugs are not sweets. Pharmaceutical companies which provide medicines for the health of the consumers have a special duty of care towards them. These companies have a greater responsibility towards the general public. However, nowadays, the corporate and financial goals of such companies cloud the decision of its executives whose decisions are incentivized by profits, more often than not, at the cost of public health. This case is a perfect example of just that”.

    Another issue these entrepreneurs/start-ups tend to face in the realm of IP law is vis-a-vis use of copyrighted material without knowledge/intention to infringe upon someone else’s IP rights. For instance, when start-ups launch their online portals, they tend to use images/GIFs or music for their videos which are copyrighted and use thereof without permission is illegal. On account of lack of knowledge of IP laws and consequences of such misuse, they often violate rights residing in the copyrighted work and are then subject to either a legal notice from the owner/proprietor of the copyrighted material or a lawsuit before the Court of law.

    The United States of America’s (USA) Chamber of Global Innovation Policy Center (GIPC) which promotes innovation and creativity through intellectual property standards, in its 2019 list of countries performing in the field of IP law, places India at a substantially low rank of 40 out of 53[iv] which indicates that USA considers India as a major threat when it comes to development and investment the field of IP rights in India (especially in the field of patents). Additionally, India also lacks in the number of patent applications filed before the Indian Patent Office, averaging at around 9,500 filings per year, compared to 2,69,000 filings in the USA.[v] One of the primary reason behind this difference might have something to do with India’s lack of support towards the encouragement of IP protection, especially for start-ups.

    1.1.3. Raising Awareness on Intellectual Property Laws for Entrepreneurs

    With almost 50% of litigations within the domain of IP pertaining to trademark infringement and passing off,[vi] entrepreneurs and small businesses must take the following necessary steps to ensure that their rights and interests in their business are protected: –

    • Entrepreneurs/Business owners must entrust lawyers/law firms specializing in the field of IP rights to advise and prosecute their trademark applications;
    • Understand or attempt to understand each and every step involved in prosecuting and registering a trademark application and participate in discussions leading to every step taken in the prosecution of their IP; and,
    • Approach IP lawyers/law firms to get a gist of importance of IP protection along-with freedom to use a mark either before registering it or using the said mark for goods in classes not forming part of the trademark registration.

    It is also the duty of IP lawyers/law firms to promote IP protection for entrepreneurs and small businesses by organizing interactive sessions with new and/or domestic clients and providing competitive charges for prosecuting and enforcing IP rights of these entrepreneurs and businesses.

    Statistics reflect that majority of IP infringement cases in India involve a small enterprise being unaware of the basics of IP rights and therefore, using an IP that is either deceptively similar or virtually identical to a registered and/or well-known IP.[vii] Often businesses expanding their presence in the online portal (either through their website or a social media page) use copyrighted material without realizing that their use of the same would tantamount infringement.   Raising awareness of the importance of IP and consequences of infringement (and passing off) would ensure that start-ups avoid misusing an IP belonging to someone else.

    1.1.4. The imposition of Price Caps on pharmaceutical drugs in India and its work-around

    One of the primary reasons why the USA considers India’s IP regime a major threat has something to do with India’s patent laws, especially vis-à-vis the pharmaceutical industry. Albeit the US Trade Representative (USTR) last year stated that the USA is attempting to restrict patentability for new pharmaceutical drugs which are “essentially mere discoveries of a new form of a known substance which does not result in enhancement of the known efficacy of that substance ….. machine or apparatus” (which is identical to Section 3(d) of the Indian Patents Act, 1970),[viii] it still considers India as a threat to its IP regime, especially due of India’s patent laws.

    To better understand the problems faced in the Indian pharmaceutical industry, it would be prudent to point out that unlike developed nations, the Indian government (through its Patents Act and policies) keeps strict control over the drug pricing with an intention to make healthcare (specifically medication) accessible amongst all States and income groups. This can especially be observed in pharmaceutical drugs for cancer and diabetes medication. The Government of India has imposed strict price restrictions for its pharmaceutical drugs, thereby diluting IP rights and causing a severe impact on IP valuation of those pharmaceutical drugs.[ix]Although the impact might seem insignificant to consumers since they benefit from these price reductions, making cancer medicines 90% cheaper due to price control would not make IP holders happy or promote invention. Simply put, once the government slashes prices of pharmaceutical drugs intending to make them easily accessible to the majority of patients, it severely impacts the profit margin of the pharmaceutical industries, forcing them to invest more into the industry of generic drug manufacturers because of a bigger profit margin and lesser costs, rather than invest into inventing new drugs, which might although tackle a currently incurable disease (or a curable disease more effectively), but would at the same time, lead the corporation into losses. These price cuts would also force the pharmaceutical corporations to compromise on the quality of drugs which might, in a longer run, have a severe impact on healthcare.

    India’s investment in its healthcare sector has been a major concern since the Indian States ideally spend as low as 1.3% of their gross domestic product (GDP) on healthcare which results in a substantial increase in out-of-pocket expenses and placement of poor healthcare mechanisms.[x] India’s heavy reliance on generic drugs supporting the lesser privileged consumers has been expressed as a concern by the USTR[xi] and global pharmaceutical giants to the extent that investors and pharmaceutical corporations have restricted their investment into the Indian pharmaceutical industry since their price margin would result in government either forcing price caps on the drugs or implement compulsory licensing for the expensive and life-saving drugs.

    As stated above, this approach of placing price caps towards the Indian and global (vis-à-vis their sale of drugs in India) pharmaceutical industry has a major impact on India’s patent laws since it affects innovation, and since innovation is an essential part of the invention in the healthcare sector, pharmaceutical industries tend to focus more on generic drug production, profit from out-of-pocket expenses of consumers/patients, hospitalization costs, etc.[xii] The imposition of price caps has shown to have no significant improvement in accessibility of pharmaceutical drugs.

    Although the imposition of price caps is necessary for a developing nation, the same should be practiced to a limited extent. For instance, instead of capping the price of a pharmaceutical drug and dropping its price by 90%, the price caps should be dependent on the situation and need for the drug. For instance, cancer and diabetes medication are in high requirements in India[xiii] (and other nations) and therefore, the government can impose price caps and reduce the cost of the drugs by 50%. Insofar as other (less crucial/critical) pharmaceutical drugs are concerned, the government can either refrain from price caps or impose a price cap of a maximum of 20%. This would not only promote investment in innovating patented drugs but would also increase FDI in the Indian pharmaceutical sector, thereby permitting Indian pharmaceutical corporations to invent new and possibly better pharmaceutical drugs.

    At the same time, a concerned person always reserves their right under Section 84(1)[xiv] of the Indian Patents Act, 1970 to request for issuance of a compulsory license (after the expiry of three years from the date of grant of the patent) against the said pharmaceutical drug in case it does not comply with the guidelines issued under Section 83[xv]  of the afore-mentioned Act like in the case of Bayer Corporation v. Union of India.[xvi] In essence, the Indian government must invest more in its healthcare sector policies to reduce out-of-pocket expenses incurred by patients/consumers and reduce the price caps by a significant amount to promote innovation in the field of patent laws, especially in the pharmaceutical sector.

    1.2. A Global Upcoming Issue: Impact of Use/Commercialization of Artificial Intelligence on Intellectual Property Rights

    1.2.1. Introduction

    “Can machines think?” – Alan Turing, 1950

    A few years after Alan Mathiso Turing, a renowned English mathematician, cryptanalyst and computer scientist played a pivotal role in defeating Hitler’s Nazi Germany, he wrote a paper titled ‘Computing Machinery and Intelligence’ (1950) where he asked a simple, yet intriguing question: “Can machines think?”. His paper and subsequent research established the basis of what we refer to as ‘Artificial Intelligence’ (AI) or machine learning/intelligence. Fast forward to today, the concept of AI has become a lot more complex than what had been imagined by researchers around half a century ago. AI or a machine which reflects the ability to think and act in as close of a manner as a human mind is as of date, an exciting new development in the field of technology.

    From ‘The Turin Test’ in the year 1950 to creation of Sophia, a humanoid robot created by Hanson Robotics in the year 2016, technology, especially in the field of AI has progressed at a drastic rate, with some of the major developments being the creation of Google’s Home device (2016), Apple’s virtual assistant ‘Siri’ (2011), Microsoft’s virtual assistant ‘Cortana’ (2014), Amazon’s home assistant ‘Alexa’ (2014), etc. occurring in the past decade (2010 to 2019) itself. It is safe to say that with this progress, it is not far-fetched to assume that we may soon see the age of commercialization of much smarter versions of currently existing machine learning devices. The technology relating to AI has seen explosive growth in recent times with the number of patent applications for technologies relating to AI exceeding 1,00,000.[xvii]

    Today, AI can be dissected into two types of intelligence, namely:

    • Weak AI: This is a more common type of AI which is used amongst major corporations like Google, Apple, Microsoft, etc. and although it is being used widely, its abilities are limited to performing tasks that it has been trained to perform. Such AI can store data and present it to the consumer upon enquiry or on need-basis. However, the algorithms do not permit this AI to think and act in a manner a human mind would and therefore, this AI does not pose a threat within the domain of IP.
    • Strong AI: Unlike weak AI, this form of AI would perform more cognitive functions that imitate a human mind more closely as against weak AI. Even though weak AI is known to perform basic functions more efficiently (when compared to humans), the strong AI will not only perform those basic functions of a weak AI but also will also perform more complex tasks such as inventing or creating a new IP (like a new copyrightable sound or video or a unique design, etc.).

    To a certain extent, researchers worry about the consequences of AI in case its goals end up being misaligned to ours. But at this stage, AI seems to be more promising than dangerous, especially in the field of healthcare and agriculture which is a critical industry for India.

    Needless to say, corporations are investing a lot of resources to develop this field of technology which is said to have revolutionary impacts including prediction of epidemics, advanced disaster warnings and damage prevention methods, increased productivity in all industries, etc. The possibilities and benefits (and in many cases, risks) of AI are innumerable and at the current rate of its development, it will quite possibly be overwhelming. Regardless of its pros and cons, commercialization of AI is inevitable and therefore, this raises a material question: Do we have the appropriate laws in place to tackle issues arising out of commercialization (or use) of AI? The answer, unfortunately, is no.

    1.2.2. The Current Scenario

    Being an upcoming digital frontier, it is apparent that AI will have a huge impact on our current laws and practices. For instance, our current world IP regime only permits a ‘person’ to be a proprietor and/or owner of an IP (see Naruto v. Slater[xviii]) which implies that any form of IP that is generated/invented by an AI cannot be a subject matter of registration. However, a recent decision by the Chinese Court wherein a tech giant ‘Tencent’ claimed copyright infringement against a local financial news company overwork created by its Dreamwriter robot might reflect a contrary view. The Court in the said case held that an article generated by AI is protectable under Chinese copyright law.[xix] Holding a contrary view, the European Patent Office (EPO) in the case pertaining to patent applications filed by ‘DABUS’ an AI technology, gave a finding similar to the Naruto case wherein it held that application has to be filed by a human being.[xx] Professor Ryan Abbott along-with his multi-disciplinary team at the University of Surrey had filed (through their AI called DABUS) the first-ever patent application without a human inventor[xxi] indicating that the move towards AI-based IP filing is underway, however, given that the laws are currently not in place, the application was, unfortunately, refused.

    Although an old principle, the Courts around the world at times rely (either directly or indirectly) on the principle of “sweat of the brow”, which indicates the inventor’s effort and hard work invested in creating an IP. However, the application of the said principle becomes rather complicated when the issue of IP generated by AI comes into the picture. At the same time, the commercialization of AI might also lead to dilution of IP rights, given that the possibility of AI being better and quicker at generating IP than human beings cannot be ruled out. Undoubtedly, AI might eventually be considered as a ‘smarter’ variant of a human inventor since an AI would require a significantly less amount of time and effort to generate a registrable IP. Apart from the ones already mentioned above, several unknown issues are likely to arise upon commercialization of AI (to generate IP) and there is a dire need to highlight and resolve these issues at the earliest.

    The World Intellectual Property Organization (WIPO) has recently taken an initiative to invite public feedback on possible impacts of AI on the world IP regime[xxii] by conducting press conferences to tackle the impending issues vis-à-vis IP laws upon commercialization or use of AI. Although the topic of discussion during the previous conference was somewhat restricted to Patent laws and did not tackle IP laws holistically, the next round of sessions might emphasize on all IP laws and be more holistic towards progress. Needless to say, AI will impact our IP regime all the way from the creation of an IP to valuation, commercialization, transfer/assignment, etc. thereof, which would require a complete overhaul of our current laws in order to inculcate and appreciate the investment (in terms of time and costs) and labour involved in the creation of the AI, as well as use/transfer/assignment of an IP generated by that AI.

    1.2.3. India’s Approach towards Artificial Intelligence

    India has seen rapid growth in its information technology (IT) sector which has further contributed to other primary sectors like agricultural sector, healthcare sector, etc. by developing various mechanisms such as a system for online trading or integrated crop management system (amongst other things). It is safe to say that technology has a big role to play in India’s growth. Apart from the agricultural industry, the software industry has played a pivotal role in India’s move towards becoming the fastest-growing trillion-dollar economy.[xxiii]

    Being amongst the most profitable investment jurisdictions, India has recently been a hub for tech-related start-ups. Understanding the importance of technology, Indian entrepreneurs, along-with government support, have started to invest heavily in the technology field and with the help of FDI, there has been a substantial boom in the field of technology. Since other fields such as agriculture, healthcare and education are all somewhat dependent on this field, the scope of AI transforming all the other sectors through the tech sector is clearly perceivable.

    As discussed earlier, India’s healthcare sector is in a dire need for investment and development and on account of lack of funding and need to make medication accessible, reliance on AI would drastically reduce costs incurred in labour, research and development, trials, etc., which would eventually reduce the costs of pharmaceutical drugs themselves, thereby impacting the final sale price of the drug. Reliance on AI (by developing the tech sector) would extinguish the need for State governments to invest heavily in their healthcare programmes. Although the current investment might not cut it, a substantial investment, in that case, would not be required. AI support in the development and marketing of pharmaceutical drugs, thereby reducing the overall costs and increasing production and sale would also invite more FDI in India’s healthcare sector. This will also eventually make healthcare more accessible in less developed regions in India. Statistics indicate that healthcare is majorly accessible/available in limited States/Cities like Bengaluru, Chennai, Gurugram, etc.[xxiv] while cities like Singrauli continue to suffer.[xxv] With the major impediment of drug pricing out of the way, access to healthcare will become more of a focus and would eventually thrive with AI support.

    Insofar as the agricultural sector is concerned, the same plays an essential role in our developing economy. According to a report issued by India Brand Equity Foundation (IBEF), around 58% of Indian population relies on India’s agricultural sector with a contribution of an estimated $265.51 billion (approximately INR 18.55 lakh crore) of gross value added to its economy (in Financial Year 2019).[xxvi] This implies that majority of the lesser developed States and Cities in India rely solely on production and sale of their agricultural produce.[xxvii] With an FDI inflow of up to 100% and an increasing reliance on technology, the sector keeps looking for methods to increase crop yields in a cost-effective manner. Having said that, the agricultural sector still faces some major issues like weather instability and fluctuations, condition of agricultural labourers, poor farming techniques, inadequate irrigation facilities, etc.[xxviii]  Unlike the healthcare sector, the agricultural sector is already witnessing the impact of AI from companies like Microsoft India and Intello Labs which have introduced mechanisms to maximize crop yield and reduce wastage/infestation. For instance, Microsoft India has introduced an AI-based sowing app which determines and informs the farmers of the best time to sow their crop based on analysis of climate data for the specific area and amount of rainfall and soil moisture the crops have received.[xxix]  Farmers can benefit from these AI-based apps without spending any additional costs on installing sensors.

    Indian (and foreign) tech industries have already played an important role in providing ease of business through reliance on weak AI and therefore, if India invests and conducts thorough research into strong AI, the implications of AI can be countless. However, since research and investment in the field of strong AI are extremely limited in India, commercialization thereof seems far-fetched as of date. Due to lack of expertise in the field of AI, it has been difficult to conduct research and yield any result. Colleges/Universities often refrain from investing in the field of AI research due to lack of participation and heavy research costs. Also, since the education system in the majority of institutions is somewhat traditional, graduates (or post-graduates) lack the required skill set to work in this technical field.[xxx]

    In contrast, however, the Chinese government is already taking steps to become a leader in the AI space by 2030s. It has adopted a three-step method which involves appreciating AI-based applications by the year 2020, making cutting edge breakthroughs in the said field by 2025 and leading in the industry by 2030. To support this process, a Chinese Court has already ruled in favour of AI-generated copyright work in its decision favouring Tencent,[xxxi] a tech company focusing on communication and social platforms. Since India (through its tech industry) has started taking steps to work towards its AI technology (albeit weak AI for now) and has also entrusted its think-tank ‘NITI (National Institution for Transforming India ) Aayog’ for assistance in such development through the National Program on AI,[xxxii] we hope to see India catch-up to tech giants like China, USA and Europe.

    1.2.4. Development of Intellectual Property Laws on Artificial Intelligence: An Indian Perspective

     Since WIPO has only recently started discussing the implications of AI on global IP laws, the member states of WIPO are yet to come out with laws pertaining to AI-based IP. While beginning its public consultation process on AI and IP policy, Director General of WIPO Mr Francis Gurry said: “Artificial intelligence is set to radically alter the way in which we work and live, with great potential to help us solve common global challenges, but it is also prompting policy questions and challenges,”.[xxxiii]  On December 13, 2019 WIPO also published ‘Draft Issues Paper on Intellectual Property Policy and Artificial Intelligence’ with an intent to invite feedback/opinion on the most pressing issues IP policymakers will face in the near future. One of the most crucial questions where jurisdictions conflict is whether AI can be an inventor/owner of an IP. While the EPO held that an AI cannot be the inventor of a patent application, the Chinese Court observed the contrary, holding that an AI can be an inventor of a copyrightable subject matter. Apart from the issues arising vis-à-vis prosecution of such applications (assuming an AI can be an inventor/originator of an IP), another important issue would pertain to enforcement by or against IP owned by an AI. For instance, if an AI generates a copyrightable subject matter which is deceptively similar or identical to a copyrighted matter, against whom will a Suit claiming infringement and damages lie? Further, in case of a finding against the AI wherein damages have been awarded, will the AI be expected to bear the damages or the owner of the AI? To answer these complex questions, WIPO has invited inputs from member States on issues (not exhaustive) published on December 13, 2019.[xxxiv]

    In view afore-mentioned development, India should establish a team of technical and legal (IP) experts to review the current laws and issues drafted by the WIPO Secretariat, draft possible answers to the issues and suggest required amendments to our current laws to inculcate rights of AI in the best way possible and then discuss the same at a larger stage, i.e., at the 25th Session of the WIPO Committee on Development and Intellectual Property (CDIP). Until now, India’s role/participation in WIPO’s sessions/meetings has been passive and considering how AI would impact its various sectors, especially the agricultural and healthcare sector (a sector which needs an improvement), India must play an active role in the development of IP laws to support AI. Given the fact that India is one of the fastest-growing economies and one of its cities is also considered as the ‘Silicon Valley’ of India,[xxxv] commercialization/use of AI would greatly benefit its economy to the extent that it would substantially reduce labour costs and at the same time, benefit a lot of entrepreneurs in the tech industry. Additionally, AI would also be crucial for government offices as it would greatly reduce delay in processing time and errors. For instance, the use of AI in Indian Intellectual Property Offices would enable machines to review applications for basic defects such as non-filing of an essential document or improper authentication, etc. In case strong AI is adopted by these departments, it would also enable machines to raise basic objections on applications and upon clearance thereof, advertise or register the same, thereby reducing significant costs and time.

    It goes without saying that AI is the next big thing in the field of technology and once it is commercialized at a large scale, it is going to have a huge impact on our laws (especially IP laws). Given India’s interests and possible benefits in the field of AI, its involvement in the development of our current IP regime is pivotal.

     

    Notes

    [i] Jeff Williams, The Evolution of Intellectual Property, Law Office of Jeff Williams PLLC; link: https://txpatentattorney.com/blog/the-history-of-intellectual-property(published on November 11, 2015).

    [ii] Foreign Direct Investment, published by Make in India; link: http://www.makeinindia.com/policy/foreign-direct-investment.

    [iii] Top 17 Startup Legal Disputes, published by Wazzeer; link: https://wazzeer.com/blog/top-17-startup-legal-disputes (published on May 02, 2017).

    [iv] GIPC IP Index 2020, published by Global Innovation Policy Center; link: https://www.theglobalipcenter.com/ipindex2020-details/?country=in.

    [v] Darrell M. West, India-U.S. relations: Intellectual property rights, Brookings India; link: https://www.brookings.edu/opinions/india-u-s-relations-intellectual-property-rights (published on June 04, 2016).

    [vi] Thehasin Nazia & Rajarshi Choudhuri, The Problem of IPR Infringement in India’s Burgeoning Startup Ecosystem, IPWatchdog; link: https://www.ipwatchdog.com/2019/11/16/problem-ipr-infringement-indias-burgeoning-startup-ecosystem/id=116019 (published on November 16, 2019).

    [vii] Press Trust of India, Absence of legal awareness root cause of rights’ deprivation, Business Standard, Nagpur; link: https://www.business-standard.com/article/pti-stories/absence-of-legal-awareness-root-cause-of-rights-deprivation-119081800664_1.html (published on August 18, 2019).

    [viii] Kristina M. L. Acri née Lybecker, India’s Patent Law is No Model for the United States: Say No to No Combination Drug Patents Act, IP Watch Dog; link: https://www.ipwatchdog.com/2019/06/26/indias-patent-law-no-model-united-states/id=110727 (published on June 26, 2019).

    [ix] Amir Ullah Khan, India’s drug price fix is hurting healthcare, Live Mint; link: https://www.livemint.com/politics/policy/india-s-drug-price-fix-is-hurting-healthcare-11572334594083.html (published on October 29, 2019).

    [x] Ibid.

    [xi] E Kumar Sharma, Hard bargaining ahead, Business Today; link: https://www.businesstoday.in/magazine/focus/us-to-pressure-india-change-intellectual-property-ipr-regime/story/214440.html (published on February 01, 2015).

    [xii] Amir, supra note 9 at __(page No.)__.

    [xiii] Key diabetes, anti-cancer drugs among 92 in price-ceiling list, published by ET Bureau, The Economic Times; link: https://economictimes.indiatimes.com/industry/healthcare/biotech/pharmaceuticals/key-diabetes-anti-cancer-drugs-among-92-in-price-ceiling-list/articleshow/65433283.cms?from=mdr (published on August 17, 2018).

    [xiv] Section 84(1) of the Patents Act, 1970 :-

    Compulsory licenses –

    (1) At any time after the expiration of three years from the date of the 170 [grant] of a patent, any person interested may make an application to the Controller for grant of compulsory license on patent on any of the following grounds, namely:-

    (a) that the reasonable requirements of the public with respect to the patented invention have not been satisfied, or

    (b) that the patented invention is not available to the public at a reasonably affordable price, or

    (c) that the patented invention is not worked in the territory of India.

    [xv] Section 83 of the Patents Act, 1970:-

    General principles applicable to working of patented inventions –

    Without prejudice to the other provisions contained in this Act, in exercising the powers conferred by this Chapter, regard shall be had to the following general considerations, namely;-

    (a) that patents are granted to encourage inventions and to secure that the inventions are worked in India on a commercial scale and to the fullest extent that is reasonably practicable without undue delay;

    (b) that they are not granted merely to enable patentees to enjoy a monopoly for the importation of the patented article;

    (c) that the protection and enforcement of patent rights contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations;

    (d) that patents granted do not impede protection of public health and nutrition and should act as instrument to promote public interest specially in sectors of vital importance for socio-economic and technological development of India;

    (e) that patents granted do not in any way prohibit Central Government in taking measures to protect public health;

    (f) that the patent right is not abused by the patentee or person deriving title or interest on patent from the patentee, and the patentee or a person deriving title or interest on patent from the patentee does not resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology; and

    (g) that patents are granted to make the benefit of the patented invention available at reasonably affordable prices to the public.

    [xvi] Special Leave to Appeal (C) No(S). 30145 of 2014.

    [xvii] Ryan N. Phelan, Artificial Intelligence & the Intellectual Property Landscape, Marshall Gerstein & Borun LLP, published by Lexology; link: https://www.lexology.com/library/detail.aspx?g=8c2b5986-95bb-4e8e-9057-e4481bfaa471 (published on September 14, 2019).

    [xviii] No. 16-15469 (9th Cir. 2018).

    [xix] Stefano Zaccaria, AI-written articles are copyright-protected, rules Chinese court, World Intellectual Property Review (WIPR); published on January 10, 2020 (link:https://www.worldipreview.com/news/ai-written-articles-are-copyright-protected-rules-chinese-court-19102).

    [xx] EPO refuses DABUS patent applications designating a machine inventor, European Patent Office; link: https://www.epo.org/news-issues/news/2019/20191220.html(published on December 20, 2019).

    [xxi] Laura Butler, World first patent applications filed for inventions generated solely by artificial intelligence, University of Surrey; published on 01 August, 2019 (link: https://www.surrey.ac.uk/news/world-first-patent-applications-filed-inventions-generated-solely-artificial-intelligence).

    [xxii] WIPO Begins Public Consultation Process on Artificial Intelligence and Intellectual Property Policy, published by World Intellectual Property Organization (WIPO); PR/2019/843; published on December 13, 2019 (link: https://www.wipo.int/pressroom/en/articles/2019/article_0017.html).

    [xxiii] Caleb Silver, The Top 20 Economies in the World, Investopedia; link: https://www.investopedia.com/insights/worlds-top-economies/#5-india (published on November 19, 2019).

    [xxiv] Akriti Bajaj, Working towards building a healthier India, Invest India; link: https://www.investindia.gov.in/sector/healthcare (published on January 18, 2020).

    [xxv] Leroy Leo, Niti Aayog calls healthcare system a ‘sinking ship,’ urges private participation in Ayushman Bharat, Live Mint; link: https://www.livemint.com/news/india/niti-aayog-calls-healthcare-system-a-sinking-ship-urges-private-participation-in-ayushman-bharat-11574948865389.html (published on November 29, 2019).

    [xxvi] Agriculture in India: Information About Indian Agriculture & Its Importance, Indian Brand Equity Foundation (IBEF); link: https://www.ibef.org/industry/agriculture-india.aspx (published on November 2019).

    [xxvii] Ayushman Baruah, Artificial Intelligence in Indian Agriculture – An Industry and Startup Overview, Emerj; link: https://emerj.com/ai-sector-overviews/artificial-intelligence-in-indian-agriculture-an-industry-and-startup-overview (published on November 22, 2019).

    [xxviii] Vidya Sethy, Top 13 Problems Faced by Indian Agriculture, Your Article Library; link: http://www.yourarticlelibrary.com/agriculture/top-13-problems-faced-by-indian-agriculture/62852.

    [xxix] Ibid.

    [xxx] Neha Dewan, In the race for AI supremacy, has India missed the bus?, The Economic Times; link: https://economictimes.indiatimes.com/small-biz/startups/features/in-the-race-for-ai-supremacy-has-india-missed-the-bus/articleshow/69836362.cms (published on June 19, 2019).

    [xxxi] Rory O’Neill and Stefano Zaccaria,

    AI-written articles are copyright-protected, rules Chinese court, World Intellectual Property Review (WIPR); link: https://www.worldipreview.com/news/ai-written-articles-are-copyright-protected-rules-chinese-court-19102 (published on January 10, 2020).

    [xxxii] National Strategy On Artificial Intelligence, published by NITI Aayog; link: https://niti.gov.in/national-strategy-artificial-intelligence.

    [xxxiii] WIPO Begins Public Consultation Process on Artificial Intelligence and Intellectual Property Policy, PR/2019/843, World Intellectual Property Organization (WIPO), Geneva; link: https://www.wipo.int/pressroom/en/articles/2019/article_0017.html (published on December 13, 2019).

    [xxxiv] WIPO Secretariat, WIPO Conversation on Intellectual Property (IP) and Artificial Intelligence (AI), Second Session, WIPO/IP/AI/2/GE/20/1, World Intellectual Property Organization (WIPO); link: https://www.wipo.int/edocs/mdocs/mdocs/en/wipo_ip_ai_ge_20/wipo_ip_ai_2_ge_20_1.pdf (published on December 13, 2019).

    [xxxv] Bangalore, published by Wikipedia; link: https://en.wikipedia.org/wiki/Bangalore (last updated on February 07, 0220).

     

    Image Credit: WIPO

  • Genetic Engineering Key To Developing COVID-19 Vaccine

    Genetic Engineering Key To Developing COVID-19 Vaccine

    Scientists throughout the world are engaged in a herculean effort to develop a vaccine for the COVID-19 virus that has killed hundreds of thousands of people and decimated global economic activity. Without such a vaccine, normal life as we knew it before the pandemic began is unlikely to return any time soon.

    The key to such a vaccine is genetic engineering, which has already resulted in the development of several successful vaccines.

    The key to such a vaccine is genetic engineering, which has already resulted in the development of several successful vaccines. The active ingredients for the HPV (Human Papillomavirus Virus) vaccine, for example, are proteins produced from genetically modified bacteria. The hepatitis B vaccine, Erevebo, a vaccine for Ebola, manufactured by Merck, and the rotavirus vaccine are other examples of GE vaccines. A genetically modified rabies vaccine has been created for dogs and cattle.With these successes in mind, experts anticipate that recent advancements in genetic engineering could substantially shorten the development timeline for a COVID-19 vaccine. It takes on average ten to fifteen years to develop a vaccine, and the most rapidly developed vaccine was a mumps immunization, which still required four years to develop from collecting viral samples to licensing a drug in 1967.

    Time is clearly of the essence as there is the potential for a second wave of COVID-19 infections in the fall and winter, which would have further negative implications for public health and the global economy. The sooner we have a vaccine, the better off we’ll be, though serious logistical challenges remain.

    The Vaccine Race Begins

    On January 10, 2020, Chinese scientists greatly aided the vaccine development effort by publishing the genome of the novel coronavirus, SARS-COV-2. The virus is widely believed to have originated in bats near the city of Wuhan, China. It then jumped to another species, which was consumed by humans at the wet markets of Wuhan or came into direct contact with humans in some other way.

    After examining the genome, Dan Barouch, the Director of Virology and Vaccine research at Beth Israel Deaconess Medical Center in Boston, said, “I realized immediately that no one would be immune to it,” underscoring the importance of quickly developing an effective immunization.

    More than 120 possible vaccines are in various stages of development throughout the world, most of which are gene based with the hope that an effective and safe vaccine can be produced by the end of 2020 or early in 2021. This would be an astonishing accomplishment. By comparison, the Ebola vaccine, which is also genetically engineered, took five years to develop.Ken Frazier, the Chief Executive of Merck, which is working on a vaccine for COVID-19, has tried to dampen down expectations for a quick breakthrough, saying the goal to develop a vaccine within the next 12-18 months is “very aggressive. It is not something I would put out there that I would want to hold Merck to …vaccines should be tested in very large clinical trials that take several months if not years to compete. You want to make sure that when you put a vaccine into millions if not billions of people, it is safe.”
    Peter Bach, the Director of the Center for Health Policy and Outcomes at Memorial Sloan Kettering, added, “To get a vaccine by 2021 would be like drawing multiple inside straights in a row.”

    Genetic Engineering Is Our Best Bet

    To create a genetically engineered vaccine, scientists are utilizing information from the genome of the COVID-19 virus to create blueprint antigens (a toxin or other foreign substance which provokes an immune response that produces antibodies), which consists of DNA or RNA molecules that contain genetic instructions. The DNA or RNA would be injected into human cells where upon it is hoped the cell will use those instructions to create an immune response. If this type of vaccine is developed, it could offer protection for many years as the COVID-19 virus does not appear to mutate as quickly as influenza, though this critical variable could change in the future.
    RNA vaccines are considered to be better at stimulating the immune system to create antibodies. They also create a more potent immune response and therefore require a lower dosage. However, they are less stable than DNA vaccines, which can withstand higher temperatures; RNA vaccines, though, can be degraded by heat and thus need to be kept frozen or refrigerated.

    The DNA or RNA would be injected into human cells where upon it is hoped the cell will use those instructions to create an immune response. If this type of vaccine is developed, it could offer protection for many years as the COVID-19 virus does not appear to mutate as quickly as influenza, though this critical variable could change in the future.

    The Risks Of Moving Quickly

    Vaccine development is traditionally a lengthy process because researchers have to confirm that the drug is reasonably safe and effective. After the basic functionality of a vaccine is confirmed in a lab culture, it is tested on animals to assess its safety and determine if it provokes an immune response. If the vaccine passes that test, it is then tested on a small group of people in a phase one trial to see if it is safe, then in a phase two trial on a larger group of people. And if it passes those hurdles, a larger scale phase three trial is designed, which would involve at least 10,000 people.

    These trials are necessary because trying to develop a vaccine quickly can compromise its safety and efficacy. For example, the US government rushed a mass immunization program to prevent a swine These trials are necessary because trying to develop a vaccine quickly can compromise its safety and efficacy. For example, the US government rushed a mass immunization program to prevent a swine flu epidemic in 1976 that may have caused an increase in the number of reported cases of Guillain-Barre Syndrome, which can cause paralysis, respiratory arrest and death. The pandemic never materialized, though widespread public concern about flu immunization did.

    Many Challenges Remain

    Historically, the odds of producing a safe and effective vaccine are small, with just six percent of vaccines under development ever making it to the market. There are many diseases and viruses for which there are no vaccines (for example HIV/AIDS, Zika, Epstein-Barr and the common cold, among many others), even though great efforts have been made to develop them. Therefore, despite the gigantic efforts of drug companies and governments to produce a COVID-19 vaccine in the shortest possible period, there is no guarantee they will be successful.
    epidemic in 1976 that may have caused an increase in the number of reported cases of Guillain-Barre Syndrome, which can cause paralysis, respiratory arrest and death. The pandemic never materialized, though widespread public concern about flu immunization did.Soumya Swaminathan, the chief scientist for the World Health Organization said that an “optimistic scenario” is one in which tens of millions of doses could be produced and initially distributed to health care workers. Mass immunizations could begin in 2022, but to inoculate the world and “defeat” COVID-19 could take four to five years. She added, however, that this outcome “depended upon whether the virus mutates, whether it becomes more or less virulent, more or less transmittable.”
    epidemic in 1976 that may have caused an increase in the number of reported cases of Guillain-Barre Syndrome, which can cause paralysis, respiratory arrest and death. The pandemic never materialized, though widespread public concern about flu immunization did.

    The COVID-19 virus highlights just how vulnerable humankind is to the natural world, which periodically produces pandemics such as the Spanish flu, the Bubonic plague, Polio and Asian flu that have the ability to kill many millions of people.

    Assuming the virus doesn’t mutate, there are many logistical challenges that could slow mass immunization once a vaccine is developed. There is no precedent for scaling up a vaccine to potentially several billion doses. To do so would require a great deal of investment in vaccine production facilities throughout the world. Manufacturers would also have to scale up the production of vials, syringes, band aids and refrigeration units for temperature-sensitive vaccines.
    epidemic in 1976 that may have caused an increase in the number of reported cases of Guillain-Barre Syndrome, which can cause paralysis, respiratory arrest and death. The pandemic never materialized, though widespread public concern about flu immunization did.Additionally, it is not known if the vaccine would require one or two doses to confer immunity, or if it would have to be re-administered every few years. We would also have to determine how a vaccine would be shared internationally. There would clearly be tremendous pressure for any country that developed a vaccine to use it domestically before sharing it with other nations. It’s also possible that the race to develop a COVID-19 vaccine could siphon off dollars and manpower dedicated to developing treatments and vaccines for other deadly diseases.
    epidemic in 1976 that may have caused an increase in the number of reported cases of Guillain-Barre Syndrome, which can cause paralysis, respiratory arrest and death. The pandemic never materialized, though widespread public concern about flu immunization did.Among the most difficult public policy questions we’ll have to face, would the vaccine be made mandatory? The possibility has already triggered push back from vaccine skeptics who view such a policy as a threat to their “inalienable sovereignty” as free individuals.
    epidemic in 1976 that may have caused an increase in the number of reported cases of Guillain-Barre Syndrome, which can cause paralysis, respiratory arrest and death. The pandemic never materialized, though widespread public concern about flu immunization did.The COVID-19 virus highlights just how vulnerable humankind is to the natural world, which periodically produces pandemics such as the Spanish flu, the Bubonic plague, Polio and Asian flu that have the ability to kill many millions of people. Despite the inevitable challenges and trade-offs we face, the new tools of genetic engineering offer us the best chance of controlling, and possibly eliminating, the outbreak of future pandemics.
    This article is published earlier on 23 June 2020 in Genetic Literacy Project.
    This article, with images, is reproduced under ‘Fair Use of Articles & Images’ policy of GLP – https://geneticliteracyproject.org

  • Blue Economy: A Prospective Strategy For Sustainable Economy

    Blue Economy: A Prospective Strategy For Sustainable Economy

    Oceans, seas and coastal areas are the world’s largest ecosystems. They play a vital role in the food security and livelihood of billions of people all around the globe and contribute to the economic prosperity of many countries. Marine environments are able to provide jobs as well as nutrition, but increased human and economic interventions due to uncoordinated and not poorly researched development policies can pressurize and threaten the environment in the long-term. The United Nations Conference on sustainable development held in Rio de Janeiro in 2012 coined the concept of Blue Economy, defining the concept as a distinction between socio-economic development and environmental damages, which is the traditional view of global status quo. The concept is aligned with main stream economic activities in the marine and coastal ecosystems while incorporating the need to integrate the conservation and sustainable management of these ecosystems. These include the lowering of greenhouse gases emissions during consumption. A sustainable blue economy is basically a marine/ocean-based economy that contributes to food security, eradication of poverty, employment and income while providing socio-economic benefits for present and future generations. It should encompass the restoration, protection and sustenance of diverse, productive and intrinsic values of the marine and coastal ecosystem. This model should be based primarily on cleaner technologies, renewable energy resources and circular economy for securing economic and social stability by considering the capacity of the planet. Fisheries, shipping and ports, marine-based tourism, seabed mining and marine renewable energy are the main sectors in a blue economy framework.
    A sustainable blue economy is basically a marine/ocean-based economy that contributes to food security, eradication of poverty, employment and income while providing socio-economic benefits for present and future generations.
    Coastal economy includes activities related to employment, output and wages in the coastal ecosystem. Marine economy is the cluster of industries which includes the sectors that focuses on a common market for the final products, using similar technology or labour or similar natural resources. Marine economy can be considered as the subset of coastal economy. The concept of blue economy has multiple interpretations as it covers a variety of activities, locations and sectors.

    Key Economic Benefits

    The key economic issues addressed by the ‘blue economy’ concept are:
    Food Security and Protein Demand: The fisheries sector encompassing aquaculture and plants is a source of considerable amount of proteins, calories and fats which promote food security in a country. Food security can be fully ensured only if the access to food is enhanced by lowering the barriers of trade, reducing food wastage, increasing the availability of nutritious food and providing efficient food distribution system in countries that suffer from deficit. For ensuring a healthy life, a balanced diet of proteins and fats should be supplied. Food basket should consist of a minimum amount of protein intake, and fish is an important source of animal protein. It benefits countries even if they have a lower daily average consumption.Rising Coastal Tourism: A major sector of blue economy is coastal tourism with immense potential for employment and growth in the economy. Developing a focused policy addressing the potential and constraints of the tourism industry can yield concrete results. Scuba diving, bird watching, sea angling, boating, and other segments like hotels, restaurants, water sports have potential for huge investments and can contribute to a robust blue economy in the country.Seaborne Trade: Sea is considered as a cost-effective carbon friendly mode of transportation used widely around the world. 90 % of global trade is done through sea routes. In the blue economy framework, priorities and policies should be towards promoting trade especially through sea routes by making it more systematic and futuristic.Alternative Sources for Energy: If large renewable energy remains untapped in a country, blue economy can be a major source of clean energy. The demand for clean and affordable energy is increasing across the world. Blue economy can be a great source of clean and affordable energy. The Oceans are huge resources for renewable energy, like wave energy, tidal energy, solar energy etc. Exploitation of the oceans can reduce the pressure on finite traditional energy resources.

    India’s Blue Economy Potential

    Blue economy in India can be considered as the total sum of all economic activities that are based and sourced from marine and coastal resources. Deep sea mining, Offshore oil, fisheries contribute majorly towards the country’s blue economy. India has a coastline of about 8118kms and exclusive economic zones that cover almost 2 million sq kms including a continental shelf of 530000 kms. Almost 1.5 million kms of this continental shelf has been explored in the Bay of Bengal and the Arabian Sea. Majority of India’s population are based in coastal metro cities like Chennai, Mumbai and Kolkata. More than a million people are employed in full time coastal fishing activities while more than 1.3 million people are employed in post-harvest fisheries and allied activities. India contributes to more than 10 % of world’s fish varieties. The country ranks second in worldwide fish production with a growth rate of 7 % annually and ranks second in aquaculture activities as well. The Malabar coast, Konkan belt and other coastal areas have shown considerable increase in influx of tourists over the years. Polymetallic nodules and sulphides are two of the major mineral resources that are commercially available in India. India is also an offshore gas giant and the country is trying to substitute terrestrial sources of energy with offshore reserves and renewable sources in the future. The Sagarmala project is considered as a pioneering initiative by the government to steer the country into the path of blue economy. The project was in initiated in 2015, costing around 8700 billion rupees and is proposed to be implemented over 20 years.The Sagarmala project is considered as a pioneering initiative by the government to steer the country into the path of blue economy.To create a sustainable blue economy, significant investments in research and development need to be carried out in accordance with planning and execution of a detailed region-specific blue economy model. Goals for different economic, social and ecological segments as well as respective policies should be integrated in the framework. Governments, social and private organizations and communities should collaborate and contribute to the framework by assigning achievable goals. These goals should be assessed and reported with all the members in the framework so that performance is consistently monitored. Economic instruments like taxes, subsidies, tariff and quotas can be used to internalize the benefits which are both economic and environmental. International, laws, treaties and agreements can help to implement a global blue economy system and network to ease trade and flow of labour. By linking terrestrial economy with marine economy, a sustainable green economy on land can also be developed. Each country should develop its own blue economy framework by recognizing its potential to contribute to and strengthen a sustainable and eco-friendly global economy.

    References

    Asher, M., 2018. India’s Blue Economy Initiatives: Establishing New Growth Nodes and Helping to Address Regional Imbalances.
    Benzaken, D., 2017. Blue Economy in The Indian Ocean Region: Status And Opportunities. S. Rajaratnam School of International Studies.
    Economist Intelligence Unit, 2015. The Blue Economy: Growth, Opportunity And A Sustainable Ocean Economy. Events World Ocean Summit. Economist Intelligence Unit.
    Llewellyn, L., English, S. and Barnwell, S., 2016. A roadmap to a sustainable Indian Ocean blue economy. Journal of the Indian Ocean Region, 12(1), pp.52-66.
    Mohanty, S., Dash, P., Gupta, A. and Gaur, P., 2015. Prospects Of Blue Economy In The Indian Ocean. Research and Information System for Developing Countries.
    Roy, A. (2019, January 11). Blue Economy in the Indian Ocean: Governance Perspectives for sustainable development in the region. Retrieved from https://www.orfonline.org/research/blue-economy-in-the-indian-ocean-governance-perspectives-for-sustainable-development-in-the-region-47449Image Credit: Adobe Stock

  • Artificial Intelligence in the Battle against Coronavirus (COVID-19): A Survey and Future Research Directions

    Artificial Intelligence in the Battle against Coronavirus (COVID-19): A Survey and Future Research Directions

    Artificial intelligence (AI) has been applied widely in our daily lives in a variety of ways with numerous success stories. AI has also contributed to dealing with the coronavirus disease (COVID-19) pandemic, which is currently happening around the globe. This paper presents a survey of AI methods being used in various applications in the fight against the deadly COVID-19 outbreak and outlines the crucial roles of AI research in this unprecedented battle. We touch on a number of areas where AI plays as an essential component, from medical image processing, data analytics, text mining and natural language processing, the Internet of Things, to computational biology and medicine. A summary of COVID-19 related data sources that are available for research purposes is also presented. Research directions on exploring the potentials of AI and enhancing its capabilities and power in the battle are thoroughly discussed. It is envisaged that this study will provide AI researchers and the wider community an overview of the current status of AI applications and motivate researchers in harnessing AI potentials in the fight against COVID-19.

    Download Full Research Paper

  • Blockchain Technology for Indian Defence Sector : Acquisition Process

    Blockchain Technology for Indian Defence Sector : Acquisition Process

                                                         KEY POINTS

    1. Block chain technology brings in transparency, immutability and accountability which can transform the acquisition process into a very scientific, transparent and efficient system.
    2. The benefits derived from implementing blockchain technology would include elimination of subjectivity, bring in accountability, completely eliminate the role of undue influence and middlemen, and will create a level playing field for all players .
    3. Smart contracts using blockchain technology can ensure efficient compliance and enabling greater auditability and real-time identification of responsibility.

    Introduction

    Blockchain technology has become a popular term today invariably because of the benefits it provides in a P2P (peer-to-peer) network like data immutability, irreversibility, accountability and transparency. It was first used by Satoshi Nakamoto, (a pseudonym of a person or a group of people), founder of bitcoins to prevent backdating and data tampering. Blockchain is an incorruptible, decentralized, digital ledger of transactions that can be programmed to record not only exchange of information. Critically, for information to be exchanged between any two nodes within in a blockchain system, all nodes (or most nodes, depending on the structure) must agree that the exchange of information is legitimate. They do this through a variety of methods; either acting as a recognized trusted party or by solving complex cryptographic problems. Once the exchange is accepted, that exchange is written into a shared copy of a digital ledger that contacts all records of transactions that is effectively unchangeable. The benefits blockchain provides has caught the eyes of a lot of people in the world and are looking forward to implementing this technology in almost all fields like healthcare, automobile, defence, banking, agriculture and so on. Countries like China, Russia, America and South Korea are highly interested in implementing this technology in defence and other sectors. One of the key reasons being this technology optimises business processes effectively wherever it is implemented. This paper focuses on the application of blockchain technology in the Indian defence acquisition process focusing on its advantages in its implementation.

    Analysis

    Blockchain technology is a trust-less architecture. ‘Through crypto-economics, users don’t need to trust in any individual or organisation but rather in the theory that humans will behave rationally when correctly incentivised’. Blockchain in defence acquisition process would be a phenomenal game changer as it would lead to faster and quality decision-making because all the parties in the acquisition process are thoroughly informed and committed. Blockchain offers a more secure record of supply chain management and enables greater auditability and real-time identification of responsibility.  Since blockchain acts as an important tool to take major decisions, it pushes all the nodes (participants like Service Headquarters, DRDO-Defence Research and Development Organisation, HQ IDS, Acquisition Wing of MOD, Defence Finance, and so on) in the network to feed high quality and accurate information in the network. It establishes clarity in the process ensuring clarification of responsibilities to all the nodes in the network.

    The inherent security that stems from the nature of immutability and peer-to-peer characteristics of the blockchain lends itself to some critical applications within defence. Successful exploitation of blockchain is dependent on stringent data governance and quality assurance. Once the data is stored on a blockchain it is immutable, and hence, it forces participants to become quality assured with their data/information prior to storage. Quite naturally, it will bring in a culture of professional diligence, accuracy, and integrity. Blockchain works as an immutable record of transactions that do not require to rely on an external authority to validate the authenticity and integrity of the data/information.

    Smart Contracts:      If blockchain technology is taken up in defence acquisition process, smart contracts become an essential part of it. Smart contracts are a set of computer programs on the blockchain that can automatically execute activities when certain conditions are met. They can be viewed as a normal contract with terms and conditions that is converted to a digital script and stored on the blockchain. Since blockchain works on a distributed decision making model and not a central party that is powered to make all the decisions, the process might get complicated at times. To ease this, smart contracts can automate parts of the process that can overcome this complexity. For example, smart contracts can track the transfer of equipment from the vendor to buyer. Once the buyer receives the equipment as per the conditions given in the smart contract, it will automatically expedite the funds to seal the transaction. Besides, smart contracts can eliminate the problems of delayed compliance or non-compliance to contractual issues and vendors’ propensity to contest penalties, a frequent problem in Indian defence contracts. Blockchain based smart contracts are legally fool-proof and hence, compliance is the only way out.,

    Since defence acquisition process and its inner workings function on a parallel basis to save time, the process could be more optimised if blockchain is effected fully.  The whole process can come under blockchain right from generating an RFI, (where it deals with acquiring information about vendor capabilities and their product features for making better buying decisions) till post-contract management. It is also important to recognise the need to invest in creating significant data-bases that store and process volumes of confidential, operational, and industrial information.

    This information can enable creation of verified and immutable data-base on the nation’s production capacity, indigenous technological status to ultimately enabling the decision on imports vs indigenous development, governed by operational requirements of time and relevance. It will also enable the users (military) to have a better mapping of Indian technological capabilities, resulting in more sound formulation of SQRs. Essentially the RFI process should collate:

    1. Production capabilities inside the country.
    2. Technological expertise available within the country for design and development within the required time frame.
    3. Identifying the solution of acquiring technologies through JV route.
    4. Establishing products and technologies available outside the country in the context of our operational requirements.
    5. Production capabilities outside the country.
    6. Armed forces modernisation requirements for enhancing the war fighting capability.

    All of this can be made a holistic process and come under the purview of blockchain technology, which will optimise the whole procedure bringing in accountability, transparency and data immutability that has been the dire need for a long time.

    The whole acquisition process involves multiple departments and stakeholders that interact through multiple meetings, discussions, brainstorming, and final decisions arrived at. Currently all these are controlled through bureaucratic procedures and centralised control . This classical procedure has given room for any number of accusations, scams, and delayed decisions. Blockchain technology overcomes all of these problems as it is based on innovative automation using AI, complete decentralisation, and the very fact that its structure is based on trust-less architecture. Hence, any decision that is committed to is recorded for posterity, and is immutable, transparent, and irrevocable. More importantly, there will no cases of missing files, no cases of mistaken attributability, and the question of illegal modification is simply impossible. While implementation will have technical challenges, blockchain technology will make the system unquestionably transparent, accountable, and of high integrity.

    Transparency is the biggest strength of the blockchain technology, and any attempt at post event modification or tampering with records, is impossible. This tamper-proof benefit offered by blockchain ensures integrity in the acquisition process resulting in trust amongst the nodes in the network.

    Important details in the selection process can be scrutinised even more effectively, for example:

    1. Company’s financial status
    2. Product features and specifications
    3. Annual report
    4. Past contract dealings and so on

    All of this can be witnessed by all the nodes in the network and a sound and swift decision can be made.

    Private Blockchain Network: While the general or public systems can use the public blockchain, the defence sector will necessarily be using the private blockchain network. A private blockchain is a permissioned blockchain. Permissioned networks place restrictions on who is allowed to participate in the network and in what transactions. It works with revealing the identity, role and organisation of the node before adding them to the concerned network, so one can determine whether the information has to be sent to them or not. This makes the nodes accountable to their actions in the process and any signs of actions by them, which can be detrimental, are easily exposed and corrective actions can be initiated. Where parties are culpable, penal actions can be made swift and effective. This type of blockchain is present in private enterprises for swift and sound decision making and meeting compliance requirements. Private and closed blockchain can be implemented within the procurement committee, who are in charge of making decisions regarding supply chain management and acquisition of products and spares across all ranges.

    Conclusion

                   Blockchain will be a total game changer if implemented in our defence acquisition system. By using blockchain technology teams building decentralised projects can take advantage of its most valuable strength – the ability to reach a shared truth that everyone agrees on without intermediaries or a centralised authority. The chain works as an immutable digital ledger. It is not possible to modify any block without changing the entire chain, this makes it highly valuable in what is often, a highly contested and complex defence domain.

    It is also highly beneficial for defence industries for their own functioning, transparency and efficiency. Recognizing the benefits offered by it, countries like the US, China and South Korea have already initiated the process of implementing blockchain in their respective defence industries. Issues like financial mismanagement, mysterious and anonymous order approvals, inability to track orders in supply chain and so on can easily be eliminated.

    Blockchain technology is seriously being looked at or being implemented by many countries in areas of defence and security, blockchain technology in defence, blockchain for military defence, blockchain for aerospace and defence etc.

    The immutability of blockchains allows all participants involved in the network to be confident in the fact that the data written to them hasn’t been tampered with or changed in anyway and that it will be available and accessible far into the future. India’s entrenched bureaucratic structure and its political culture tends to favour archaic and over-centralised systems for vested interests. Given the nature of India’s challenges in areas of defence modernisation, failure of its control over critical technologies, inefficiencies in its defence industries (both private and public), and a high import-dependency for defence equipment, it is imperative to start with innovative technologies like the blockchain to reform its defence architectures, acquisition system in particular. Political will is necessary to initiate this transformation. With the current Government mandate, modernisation in Indian defence being one of the main objectives, initiating it from the acquisition process would be the way to go about it.

    S Swaminathan is a research analyst with TPF. He holds a masters in Defence and Strategic Studies.

    Image Credit:Photo by André François McKenzie on Unsplash