Vol. 06, Special Issue 04, (ICESD-2021) June 2021 IMPACT FACTOR: 7.98 (INTERNATIONAL JOURNAL) 48 RECONCILING ETHICAL VALUES WITH INTELLECTUAL PROPERTY RIGHTS: A
HUMANITARIAN OUTLOOK Dr. Sr. Alice Thomas
Principal, St. Paul Institute of Professional Studies, Indore
Abstract - Intellectual property rights (IPR) came into existence in order to protect the hard work done by the inventors. But there is need to have a different outlook on this aspect and there is a need to connect intellectual property and ethics. Thus, this research article attempts to throw light on how IPR can be seen from the point of view of ethics. All major inventions are mostly done in the developed countries where the per capita income of the people is high. Post IPR the developing countries get license to use these inventions. But the income and purchasing power in the developing and under developed countries are quite low. Through this article there is an attempt to re-think on the licensing policy so that the strata of people with lower income can enjoy the inventions. This paper throws light on general ethical values and entails the basic principles accepted in our cultural tradition, particularly relevant to the ethics of research involving human subjects; the principles of respect for persons, beneficence and justice.It also attempts to give measures that would balance the professional and humanistic approach to IPR. The article also entails the view point ofJohann Wolfgang Goetheand Rabindranath Tagore on this issue. Each company needs to imbibe IPR not only as a policy matter but as ethical and equality issue. If this is done then the world would move towards a more just and equitable society. There is a need to understand that IPR can be seen with a different perspective that is justice and equality.
Keywords: Value System; Equality; Ethics, Worldview.
1 INTRODUCTION
The very concept of intellectual property rights is based on ethical values since justice, which is a fundamental value,acknowledge that the author/inventor has invested much effort and labour to produce the product and so he/she deserves due reward. On the other hand, while exercising one‟s intellectual property rights, one should use his/her ethical sense- looking for the maximum good for the maximum number of persons. For instance, take a medical patent. In many cases, the inventor has already made pots of money from the product. In such cases the inventor can make the product available in poor countries at a lower price so that many poor people can benefit from it.
1.1 Rationale of study
Granting protection to inventor for the hard work in the form of IPR is must and also gives encouragement to further innovation. This is one side of the coin and the other is humanitarian approach which entails respecting and practicing ethical value. This would develop balance the professional and human approach. Professionally it would provide gain to the owner of IPR and humanitarianly, it would develop concern and caring for less privileged strata of society. Thus, the rationale of this paper lies in providing suggestions that would assist in developing a more balanced and happier world.
1.2 Objectives of study
1. To study relation between ethical principles and IPR.
2. To studythe view point of famous personalities.
3. To provide suggestions to make world a better place.
1.3 Research Methodology
The study uses secondary data for attaining the objective of study. The secondary data is collected from websites and reports. The outcome of the study is based on literature review of various websites, journals and articles.
2 REVIEW OF LITERATURE
Anthony Seegar 2019 opined that we are living in an age of transnational development and major changes in transportation, communication, leisure activities, and work environments. For centuries, and in some places still, the accumulation of land and the
Vol. 06, Special Issue 04, (ICESD-2021) June 2021 IMPACT FACTOR: 7.98 (INTERNATIONAL JOURNAL) 49 enslavement or employment of farm laborers has ensured wealth. In many places this was supplanted by the ownership of factories and the employment of manual labor, or the ownership and exploitation of non-renewable raw materials such as oil, coal, and precious metals. The research included the view point of the richest man in the United States Bill Gates. The study concluded that ideas are big, big business, and even U.S. foreign policy is influenced by considerations of intellectual property.
Brown, D. K., & Norman, G. 2012 analyzed policy options during an international health emergency to provide consumers in least developed countries access to patented life- extending pharmaceuticals. By contrast, the optimal degree of price discrimination can always be achieved with a properly specified tariff. We identify a trade-off between patent length and the relevant optimal tariff rate. If the patent length is too short (too long) there must be an offsetting higher (lower) than socially optimal tariff rate. When patent length can be manipulated as an explicit policy tool we identify a clear policy assignment. The tariff rate should be set to achieve social welfare objectives while the patent length can be used to control the resource cost of innovation.
Jorn Sonderholm 2010Intellectual property rights are a socio-economic tool that create a temporary monopoly for inventor firms and enable such firms to charge prices for their innovations that are many times higher than the marginal cost of production of the innovations. This allows the inventor firms to salvage their research-costs and secure a profit on their innovations. A large body of contemporary philosophical and interdisciplinary literature suggests that intellectual property rights give rise to a number of ethical problems. It offered an outline of proposals as to how these problems might be alleviated, and it briefly explains the two classical defenses of the ethical permissibility of intellectual property rights. The ethical issues surrounding intellectual property rights are most pertinent when it is socially valuable goods that are given intellectual property protection.
TC Lantz 2001 Growing commercialization of medicinal plants is paralleled by an increase in harvesting intensity, and consequently, a greater risk of population extirpation, reduced genetic variation and even species extinction. Although these issues are seldom tackled in commercial endeavors, there are a number of interesting and informative examples where they are successfully addressed. The paper explored the ethical and conservation issues involved in the commercialization of medicinal plants, and discuss the potential role of economic co-operatives in the medicinal plant industry, citing successful initiatives. A unifying characteristic of these initiatives is their collaborative and co- operative nature. This commonality demonstrates the potential that the economic co- operative movement can have in the ethical commercialization of medicinal plants.
2.1 Ethical Principles Governing Intellectual Property Rights
“Ethics” asa principle that guides our society on what is “good” or “bad” fuels controversies on all scientific disciplines. Being at the crossroads between scientific innovations and public policy, the field of intellectual property appears to embrace many of the tensions created by exclusiveness on the fruits of human mind. Although neoclassical economic theory bestows intellectual property rights(IPR‟s) with the function to promote innovation for the benefit of society this theory has been put to the test by new institutional economics, empirical studies, and IP scholars, who have voiced growing concerns on IPR‟s negative effects on innovation and social welfare. Some current examples that illustrates worries on societal welfare are related to difficulties of accessing protected innovations, such as medicines and food products. The territorial application of IPR‟s may also hinder people‟s fundamental rights to benefit from information and culture in a globalized world. Some examples are access and use of copyright protected films, video on demand, literary works etc.
Now we consider the three basic ethical principles. Three basic principles, among those generally accepted in our cultural tradition, are particularly relevant to the ethics of research involving human subjects; the principles of respect for persons, beneficence and justice.
1. Respect for persons
Respect for persons incorporates at least two ethical convictions, first that individuals should be treated as autonomous agents and second, that persons with diminished autonomy are entitled to protection. The principles of respect for persons thus divides into
Vol. 06, Special Issue 04, (ICESD-2021) June 2021 IMPACT FACTOR: 7.98 (INTERNATIONAL JOURNAL) 50 two separate moral requirements, the requirement to acknowledge autonomy and the requirement to protect those with diminished autonomy. To respect the autonomy is to give weight to autonomous person‟s considered opinions and choices while refraining from obstructing their actions unless they are clearly detrimental to others. Respect for the immature and the incapacitated may require protecting them as they are incapacitated.
2. Beneficence
Persons are treated in an ethical manner not only by respecting their decisions and protecting them from harm, but also by making efforts to secure their wellbeing. Such treatment falls under the principle of beneficence. Two general rules have been formulated as complementary expressions of beneficent actions (1) do no harm and (2) maximize possible benefits and minimize possible harms. As with all hard cases, the different claims covered by the principle of beneficence may come into conflict and force difficult choices.
3. Justice
Who ought to receive the benefits of research and bear its burdens? This is a question of justice, in the sense of fairness in distribution or what is deserved. An injustice occurs when some benefit to which a person is entitled is denied without good reason or when some burden is imposed unduly. Another way of conceiving the principle of justice is that equals ought to be treated equally.
2.2 Professional Outlook of Intellectual Property Right
It is necessary to acquire IPR because the absence of it may give rise to litigation, violate the strategic use of property to drive away competitors, and abuse or misuse of rights. This may result in wastage of resources in place of positive contribution to innovation. Technological developments may bring aboutmore challenges. Their effect on societal welfare will rest on the object and scope of protection. In these terms, IPRs cannot be considered unfavorable for innovation. Rather it becomes an important business tool that directs the flow of capital towards „desirable‟ inventions and facilitates profitmaking. The question arising here is the way IPR are used. Talking professionally, IPR surge as a protective tool and rationally the owner would like to make it as lucrative as possible without considering the societal facet.Consequently, IPRs may be considered undesirable and alternative systems of protection may bring more benefits to society.
2.3 Humanitarian Outlook of Intellectual Property Right
IPR is very important because it gives due reward to the owner of the product/invention for his/her hard work. IPR is based on the ethical value of justice and so must be respected and practiced. But human life involves several ethical values, and all of them will have to be respected and practiced to make human life meaningful and joyful. Concern for others or caring and sharing with others, especially the less fortunate ones, is also an ethical value and will have to be respected and practiced. IPR often forgets this point of caring and sharing. For instance, it often happens that a product is produced in a rich country and priced according to the standard of life of that country. For instance, a life-saving medicine is produced in the US and priced according to the currency there, say $10.
Now $10 is less than the minimum salary for one hour for an American. At the same time in India $10 dollars make Rs. 750. That is the minimum salary of a worker for 2 days.
This means that the same medicine is quite cheap for US citizen, but very expensive for an Indian citizen. Therefore, if IPR is applied in the same way, the Indian citizen will have a serious disadvantage. The poor Indian will not be able to buy that medicine. One possibility is to give license to produce that medicine in India so that the production cost will be less, and it can be sold in India at a lower price, which is affordable for ordinary persons in India. Hence, although IPR is fine with respect to the value of justice, it should also take into consideration the value of caring and sharing with fellow-humans. This means that appropriate adjustments will have to be made in the application of IPR in other countries, particularly in less developed countries.
2.4 Reconciling Professional and Humanitarian Approaches for Benefit of Society 1. There are certain solutions or measures that can be taken up in order to reconcile
professional approach with the humanitarian one, thus, making this world a better place to live and achieving the target of just and equitable society.
Vol. 06, Special Issue 04, (ICESD-2021) June 2021 IMPACT FACTOR: 7.98 (INTERNATIONAL JOURNAL) 51 2. Differential pricing could be one measure that can be adopted. Under this, the product protected under intellectual property right can be sold at differential price at different geographical location. The geographical location can be differentiated on the basis of variables such as per capita income or gross domestic product of that region. This would help the inventor to bridge the gap between the poor and rich section of the society.
3. Diminished pricing in the countries with lower income would ensure that the people would have easier access to same product as the people in the high-income countries.
4. The policy of differential or diminished pricing can be adopted more particularly for the life-saving drugs or medicines.
5. Yet another possible solution is compulsory licensing. This method wouldgrantauthority to governments for issuing production licenses for protected innovations that are needed to retort to public emergencies. For example, on the supposition that the HIV/AIDS pandemic presentlyprevailing in sub-Saharan Africa counts as a public emergency for many countries in this region, the governments of these countries can allow the manufacturing of cheaper generic versions of HIV/AIDS drugs protected under IPR. A condition that the authorized companies would have to pay a small license fee to the IP holders can be added.
6. The market entry of companies producing generic versions of HIV/AIDS drugs will very likely drive down the price on these drugs to just above their marginal cost of production, and this will in turn ease access to the drugs.
7. The strategy of differential pricing make give rise to smuggling by unethical profit seeking people. This calls for formulation of more stringent laws.
8. Intra-country differential pricing can also be taken up by the countries‟ government in order to ensure that the poorer strata of the country are able to have equal access to the product.
3 VIEW POINTS OF FAMOUS HUMANISTS
We will consider two outstanding humanists who reacted forcefully to the mechanistic worldview and value system of classical science. Johann Wolfgang Goeth (1749-1832) and Rabindranath Tagore(1861-1941).
a. Johann Wolfgang Goethe
Goethe, a German polymath, was considered to be the greatest literary figure in the history of Germany. He fiercely opposed certain aspects of Newtonian science. For instance, he opposed Newton‟s analytical approach, and endorsed the holistic approach, and endorsed the holistic approach. He was averse to all rigid boundedness to external laws and conventions. Instead he strongly advocated spontaneity and inner authenticity, Against MPN‟s glorification of rigid reason he emphasized intuition. In Goethe‟s,view, “Science and art belong to the whole world, and before them vanish the barriers of nationality.” Newton‟s theory of colours and his analysis of the rainbow, etc., are well known. Goethe published his own theory in his book, Theory of Colours, in 1810. However, unlike Newton‟s, his book was not much of a success in the scientific world since it lacked theoretical fertility – it did not lead to new findings and applications. Goethe‟s reaction did have a point, and science needs to take it seriously. At the same time this case shows that although Newtonian science in some ways went into excesses, which had to be countered firmly. It did achieve a lot, and had much to offer.
b. Rabindra Nath Tagore
Rabindra Nath Tagore, India‟s Nobel Prize –winning poet and humanist, and Albert Einstein had a series of interactions on this issue of the mechanistic, rigidly law-bound-view of the universe. Tagore was very much disillusioned with science because of its mechanical view of the universe. He aired some of these views in his conversation with Einstein in 1930. It may be noted that, although Einstein was one of the most creative geniuses in history, in some ways he remained a conservative, particularly towards the latter part of his career.
For instance, he was firmly committed to the view that the laws of nature were deterministic, and he opposed the Copenhagen view of indeterminacy in nature, as enshrined in the Uncertainty Principle of Werner Heisenberg and the Complementarity Principle of Niels Bohr. Rejecting all forms of chance occurrence of natural phenomena, he
Vol. 06, Special Issue 04, (ICESD-2021) June 2021 IMPACT FACTOR: 7.98 (INTERNATIONAL JOURNAL) 52 subscribed to the law of strict cause-effect in natural phenomena and to the mechanical worldview of science. Tagore was dissatisfied with such a mechanical, feelingless view of nature. In his view, the drama of human existence involved the constant harmony of chance and necessity. He advocated freedom and flexibility, in opposition to rigid causal determinism; creativity and newness, in opposition to emphasis on permanence and immutability. To illustrate his point, he gave the example of music and Indian singers, who dared to deviate from the classical path to bring in individual innovation and creativity.
4 CONCLUSION
Traditionally, property rights both physical and intellectual, have been guaranteed in the US and many other countries constitutions. Even the United Nations in Article 17 of its Universal Declaration of Human Rights (1948) states that everyone has the right to own property alone as well as in association with others and no one shall be arbitrarily deprived of his property. Intellectual property right and ethical values are directly proportionate to each other. Rather the former is dependent upon the latter. Rest (1986) suggests that
“moral education programs designed to stimulate moral judgement development do produce modest but significant gains. With identification of problem areas, programmes can be instituted to improve ethical awareness, education and enforcement. It is evident that if each entity imbibes that IPR is not only a policy matter but an ethical issue then strict implication of IPR rules and its adherence may not be needed. Each company needs to imbibe IPR not only as a policy matter but as ethical and equality issue. If this is done then the world would move towards a more equitable society. There is a need to comprehend that IPR can be seen with a different perspective that is ethics.In other words, ethical values and ethical principles are significant in the management of IPR. Diverse forms of IPR call for different action, behavior, planning, and approaches and involvement of persons with different disciplines of knowledge like mathematics, physics, chemistry, law, information technology, medical science and business management.
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