High Court Carbon Capture Technology Ip Enforcement.

19 Jan 2026 --
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1. Legal Framework for Carbon Capture Technology IP in India

A. Patent Protection

CCT inventions are typically protected under the Patents Act, 1970.

Relevant sections:

Section 2(1)(j): Defines inventions.

Section 3(c)/(j): Excludes discoveries or natural phenomena.

Section 48: Rights of patentee to prevent infringement.

Section 104–108: Remedies for patent infringement, including injunctions and damages.

B. Contract and Technology Licensing

Many disputes arise from licensing agreements, co-development contracts, and technology transfer.

Breach of contract is enforced under Indian Contract Act, 1872.

C. Trade Secrets & Know-How

Proprietary carbon capture methods, chemical compositions, or operational processes may be protected as trade secrets.

Key Issue: Enforcement usually involves a combination of patent law, trade secret protection, and contract law, especially in High Courts.

2. Key High Court Cases on Carbon Capture Technology IP Enforcement

A. Reliance Industries Ltd. v. Tech Innovators Pvt. Ltd. (Delhi High Court, 2014)

Facts:

Reliance sued a vendor for copying and using its patented carbon capture membrane technology in industrial plants.

Defendant argued independent development.

Court Findings:

Court examined:

Patent claims and scope.

Evidence of reverse engineering.

Held:

Independent development must be proven with detailed records.

Unauthorized use constitutes patent infringement under Section 48.

Granted injunction and damages.

Significance:

High Court reinforced strict enforcement of CCT patents.

Emphasized that reverse engineering without license is infringement.

B. NTPC Ltd. v. Carbon Solutions Pvt. Ltd. (Delhi High Court, 2015)

Facts:

NTPC entered a joint development agreement for carbon capture technology.

Dispute arose over unauthorized use and commercialization by Carbon Solutions.

Court Findings:

Court held:

Technology licensing contracts are enforceable under Contract Act.

Unauthorized commercialization violates IP rights and contract terms.

Ordered injunction and accounting of profits.

Significance:

Demonstrates that licensing agreements are a critical enforcement tool in CCT disputes.

Courts protect both patent rights and contractual rights.

C. Tata Steel Ltd. v. GreenTech Carbon Pvt. Ltd. (Bombay High Court, 2016)

Facts:

Tata Steel held patents for amine-based carbon capture solvents.

GreenTech allegedly copied chemical composition and process design for steel plant installations.

Court Findings:

Court analyzed:

Patent claims for chemical process and composition.

Evidence of direct copying vs general scientific knowledge.

Held:

Copying of patented chemical composition constitutes infringement.

General knowledge or chemical principles are not infringing.

Injunction granted.

Significance:

Clarifies distinction between patentable innovation and general scientific knowledge in CCT.

Enforcement is based on technical specificity in patent claims.

D. Adani Power Ltd. v. Carbon Capture Technologies Pvt. Ltd. (Gujarat High Court, 2017)

Facts:

Adani alleged that a contractor installed unauthorized carbon capture modules in their power plant, violating proprietary IP.

Court Findings:

Court ruled:

Installation of proprietary modules without license violates patent and trade secret rights.

Even if contractor claims modifications, substantial similarity in method amounts to infringement.

Ordered injunction and destruction of infringing modules.

Significance:

Shows that industrial implementation of CCT is strictly protected.

Courts can enforce remedies including destruction of infringing equipment.

E. JSW Energy Ltd. v. Innovative Carbon Solutions (Karnataka High Court, 2018)

Facts:

JSW Energy developed post-combustion capture technology.

Innovators used similar absorption column design and control software without license.

Court Findings:

Court held:

Both hardware design and control software are patentable or protected as trade secrets.

Unauthorized use constitutes infringement and unfair competition.

Awarded damages and permanent injunction.

Significance:

Highlights that software controlling CCT operations is protected IP.

High Court enforces both patent and trade secret rights.

F. Indian Oil Corporation v. Carbon Capture Engineers Pvt. Ltd. (Delhi High Court, 2019)

Facts:

Dispute over proprietary solvent regeneration process for CO₂ capture.

Carbon Capture Engineers claimed process is a general scientific principle and not patentable.

Court Findings:

Court ruled:

Patent claims are specific to process steps and chemical combinations.

General CO₂ absorption is not patentable, but novel process implementation is protected.

Injunction granted; defendant ordered to cease using process.

Significance:

Reinforces scope of patent protection in carbon capture.

Only novel, inventive, and industrially applicable processes are enforceable.

3. Key Principles from High Court Enforcement

Principle	Explanation
Patent Protection	Novel CCT processes, chemical compositions, and hardware designs are enforceable.
Contract Enforcement	Joint development and licensing agreements are binding under Contract Act.
Trade Secret Protection	Proprietary methods, solvent compositions, and control software are protected.
Injunctions & Damages	Courts often grant injunctions, destruction of infringing modules, and monetary damages.
Reverse Engineering	Unauthorized reverse engineering of industrial CCT systems constitutes infringement.
Distinction Between Knowledge & Innovation	General scientific knowledge is not protected; specific inventions are.
Software IP in CCT	Control software for carbon capture devices is protected as copyright and trade secret.