View of A SURVEY ON MAJOR ISSUE OF INTELLECTUAL PROPERTY RIGHTS & SUSTAINABLE DEVELOPMENT

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VOLUME: 08, Special Issue 04, (ICESD-2021), Paper id-IJIERM-VIII-IV, June 2021

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A SURVEY ON MAJOR ISSUE OF INTELLECTUAL PROPERTY RIGHTS & SUSTAINABLE

DEVELOPMENT

Prof. Bhavana Sangamnerkar

HOD, CS, St. Paul Institute of Professional Studies, Indore

Abstract- Intellectual property (IP), through its passive existence, has affected all domains of knowledge like education, entertainment-media, art, technology, literature, music, etc.

The role assumed by the property Laws has widened over the years we should always be thankful to their interaction with other laws and international agreements. it's taken the character of an „enabling‟ principle. The same stand true when one says that IP influences sustainable development goals. On the one hand, IP enables expansion by incentivizing innovation, and, on the other hand, it also hampers it by locking inventions, specifically in agriculture and pharmaceuticals, by granting exclusive rights to the proprietors.

The Sustainable Development Goals (SDGs) applied by the UN General Assembly in 2015 lay down border goals than the Millennium Development Goals (2000-2015). The SDGs specified the interlinkage between IP and Development by providing for a goal to

“build resilient infrastructure, promote sustainable industrialization, and foster innovation.” WIPO‟s (World property Organization) Director General Francis Gurry, emphasizing the connection between the two, said that IP “exists to make an enabling environment for and to stimulate investment in innovation.” Also, the UNHRC and thus the WIPO in their joint-publication, namely, „IP and Human Rights,‟ concluded that

“appropriate IP protection can contribute to the economic, social and cultural progress of the world‟s diverse population.”

Keywords: Intellectual Properties, Sustainable Development, Traditional Knowledge.

1 INTRODUCTION

The New deliberations on technological growth and revolution, public health, food security, education, trade, industrial policy, wisdom, biodiversity, biotechnology, the web or the entertainment and media trades, intellectual properties became a very economically and politically contentious issue. for many of the people, however, IP is a completely new topic.

Indeed, factually, it had been the special domain of legal authorities.

From a comprehensive sustainable development viewpoint, property (IP) might relate to kind of aspects of a country's social and economic growth. Its impact is often felt in industrial, health, education, nutrition, biodiversity and cultural policies. In exploring the issues concerning sustainable development and thus the important changes that have taken place within the IP landscape, we'll specialize in issues that are drawing particular attention in major international for and to developments that are happening in bilateral trade negotiations. This paper will thus a survey on understanding the importance of the earth Trade Organization's (WTO) Agreement on Trade-related Aspects of property Rights (TRIPS), there we'll examine its main features and assess the ways during which it's altered the landscape of IP relations. This paper represents the key IP issues related with emphasis on trends and outstanding questions within the international discourse. During this respect, the issues related to access to knowledge, access to health and thus the refore the connection between the international IP architecture and thus the protection of biodiversity and lore has occupied much of the attention of policymakers. This paper accordingly focuses its inquiry on these issues and therefore, we start with a quick introduction on the aim and therefore the main disciplines of property rights (IPRs).

Survey:- Not many developing countries have had much direct experience with IP policy, even in cases where such legal systems have existed for several years. Paradoxically, particularly over the past few years, IP has become a field during which developing countries have come struggling to reform and to become more vigilant regarding the protection and enforcement of property rights (IPRs). This paper discovers an array of perceptions on the prevailing state and forthcoming state of IP as an example, Peter Jaszi outlines the cross-cutting growths that have taken place within the topical law of property rights, through which their scope and application are continually intensifying because the

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author notes, these developments may ultimately frustrate the cause they were originally intended to plug – innovation to profit the overall public at large. Powerful economic and political pressures towards the increasing commoditisation of knowledge are at work nationally and internationally. Among the varied potential adverse consequences is that the enclosure of basic information essential to continued cultural production. As basic contributions to the innovation process are denationalized, it becomes more and more likely that legal rights are getting to be misused in efforts to intentionally impede competition. It‟s whilst likely, however, that commercial rationing of existing stores of knowledge will chill the generation of latest knowledge.

Daniel Robinson evaluates the fortification of plant varieties and biotechnological innovations that raises a gaggle of issues which are critical to the sustainable development and process of developing countries. He focuses on the Asian region. He also raises concerns for traditional local groups and farmers‟ networks within these countries, concerning their local economies, control over agricultural inputs and debt, farmers‟ rights, promotion and protection of their knowledge and innovations. The author suggests a spread of components and elements for potential single systems of plant variety protection and lore while emphasizing the very fact that countries have considerable space for the event of unique laws, subject to the obligations imposed by international agreements. Clearly, patent protection of plant varieties and their components could even be at odds with the interests of developing countries throughout Asia. This is often thanks to a variety of concerns, including the consolidation of worldwide seed and agricultural industries, the potential economic and environmental impact of genetically modified plants, the protection of lore, food security, seed prices, R&D and technology transfer. Furthermore, new plant variety protection in unison with the International Union for the Protection of latest kinds of Plants (UPOV) may provide a limited scope of protection recognizing only value-addition in new variabilities and is slanted towards advanced breeders. Consistent with Robinson, there's therefore clear possibility for countries in Asia to adapt or modernize towards laws that are more suitable for his or her own state, farmer and civic needs.

Biswajit Dhar‟s contribution proposes the interesting case of India with reference to patent protection on medicines. One among the primary laws that the country took up for review after it became a sovereign state in 1947 was jurisprudence. The culmination of this process was the Patents Act of 1970. The event of an indigenous pharmaceutical industry in India following the adoption of the 1970 Act resulted during a downward movement within the prices of medicine within the country. The TRIPS Agreement has changed the conditions that saw the Indian pharmaceutical industry settle. The critical issue for the industry was the introduction of the merchandise patent regime and therefore the limitations that this alteration had imposed on its ability to supply technologies through reverse engineering.

2 CHALLENGES

There are still multiple challenges for developing countries. Several country case studies in Africa, Asia and Latin America on topical issues including the present IP discourse, including questions concerning the impact of IP on the pharmaceutical sector, also it includes the questions regarding protection of life forms, lore, geographical indications, access to knowledge and public research institutes, and the role of competition policy is additionally a neighbourhood of it. Here, many of the people offer an honest kind of development perspectives and alternative solutions on the role of IP in these controversial issues.

1. Consent: the potential research participants must be fully informed about the procedures and risks involved in research and must give their consent to participate.

2. Risk of harm: Ethical standards also require that researchers not put participants during a situation where they could be in danger of harm as a result of their participation. Harm are often defined as both physical and psychological.

3. Confidentiality: most research guarantees the participants confidentiality they're assured that identifying information won't be made available to anyone who isn't directly involved within the study.

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4. Anonymity: anonymity which essentially means the participant will remain

anonymous throughout the study -- even to the researchers themselves. Clearly, the anonymity standard may be a stronger guarantee of privacy, but it's sometimes difficult to accomplish, especially in situations where participants need to be measured at multiple time points (e.g., a pre-post study).

5. Authorization: It should be supported the quantum of contribution made in terms of ideas, conceptualization actual performance of the research analysis and writing of the report or any publication supported the research. Also, whose contribution is formed the conduct and completion of research or publication possible should be properly acknowledged.

6. Integrity: the standard of being honest and having strong moral principle in conducting the research. The researcher should make sure that there's honest and transparency at every stage of research.

7. Data Security: because the technology advancement now-a- days it's difficult to guard the info. Ensuring confidentiality of research data becomes crucial in reference to processing and release and measures to make sure data privacy need to be implemented as a part of the info processing. The materials utilized in socio- economic research is predominantly protected by IPR like copyright, data base and software protection.

2.1 Some Modest Proposals for Reform

1. barge the boundaries of Open Science: Private appropriation of basic scientific discoveries generally, and other people publicly financed especially, is bad for science and within the long-term also for industry: it tends to hamper the drive along Vannevar Bush‟s (1945) Endless Frontier of Open Science. As So et al. argue during this volume, one should guarantee at the very least that the fruits of state funded research be made available on the thought of nonexclusive licensing, that government should retain use rights, which end products stemming from publicly funded research should be made affordable to the overall public at large.

Relatedly we expect efforts should be made to:-

1. Prevent the patenting of research platforms and research tools;

2. Prevent the patenting or copyrighting of algorithms and other research methods.

3 CONCLUSION

The advent of two-pronged trade agreements (FTAs) with comprehensive and robust IP affairs, however, has added new complexities and challenges for developing countries in their process of IP reform. The IP obligations in these contracts are prominent for mounting the minimum standards of fortification and enforcement beyond that which is laid out in the TRIPS Agreement. The foremost drive behind this has been the US, alongside Member States of the EU and thus the ecru trade Association (EFTA).

Such trends are reinforced by the determination of these countries to manoeuvre forward their strategies to strengthen the monitoring of the ways and means employed by other countries, particularly developing ones, to implement their pledges and impose IPRs at the domestic level. They have also articulated their intent to bring these substances to the attention of the WTO Council for TRIPS, while persevering in their unilateral measures to identify and expose countries that, in their view, aren't fully acquiescent with international obligations.

An important feature of the TRIPS Agreement and thus the FTAs is that they provide for an expanded description of the exclusive rights conferred by IPRs. as an example , within the case of copyrights, they contain the right to prevent third parties who do not have the right holder‟s accord from acts of: making, using, offering purchasable , selling, or importing, for these purposes, the merchandise (in the case of a product patent), or the merchandise obtained directly by that process (in the case of a process patent). The Agreement adds that the term of fortification shall not end before the finishing of a period of 20 years after the filing date. In FTAs, the 20-year term could even be further extended to

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need into account delays within the executive grant of a patent or delays resulting from the marketing approval process of a pharmaceutical or agrochemical product.

REFERENCE

Bibliography References:

1. Angell, M. (2004), The Truth about the Drug Companies: How They Deceive Us and What to Do about It.

New York: Random House.

2. Ricardo Melendez (2009), strengthening the global trade and investment system for sustainable development International Centre for Trade and Sustainable Development

3. Boldrin, M. and Levine, D.K. (2008a), “Perfectly Competitive Innovation,” Journal of Monetary Economics, 55 (3): 435–53.

4. Bush, V. (1945), Science, The Endless Frontier. A Report to the President, United States Government Printing Office, Washington.

5. Charlton, A. and Stiglitz, J.E. (2005), Fair Trade for All. New York: Oxford University Press.

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