Intellectual Property, Human Rights & Sustainable Development in India

Abstract

Human beings by virtue of their being human, posses certain basic and inalienable rights which are commonly known as human rights. These rights are essential for all the individuals irrespective of any criteria, as they are consonant with their freedom and dignity and are conducive to physical, moral, social, economic and spiritual welfare. These are also necessary, as these provide suitable conditions for the material and moral enlistment for all human beings. With the advent of science and technology in the era of Economic Globalization the concept of human rights has assumed a new dimension. The paradigm of Universal Declaration of Human Rights (UDHR) is being steadily, but surely, being supplanted by that of trade-related, market friendly human rights (TRMFHR) under the auspices of contemporary globalization. Globalization has been a successful means for human development in many aspects but, it has also introduced rapidly advancing threats to the human right to environment. The emergent paradigm insists upon the promotion and the protection of the collective human rights of global capital, in ways, which justify corporate well being and dignity even when it entails continuing gross and flagrant violation of human rights of actually existing human beings and communities. The study of environment as a human right cannot be separated from biology, ecology, economics, medicine, political science, psychology and public administration. The contemporary development of Globalization resulted to a new concept of ‘industrial agriculture’. In modern agriculture, the focus is rapidly shifting to biotechnological means to produce transgenic varieties utilizing the Plant Genetic Resources (PGRs) of the world’s biodiversity. Recombinant technology and genetic engineering now permit the creation of desirable varieties with a specific trait, not available within the gene pool. Development of transgenic plant varieties or breeding new varieties of plants require investment in terms of skill, labour, material resources and funds, and may take many years’, intellectual effort and technological experiment. Therefore, it attracts Intellectual Property Protection (IPP). Others so as to deprive its breeder of the opportunity to profit adequately from his investment may in many cases readily reproduce a new variety, once released. Granting to a breeder of a new plant variety, the exclusive right to exploit his variety, both encourages him to invest in plant breeding and contribution to the development of agriculture, horticulture and forestry. Breakthrough in genetic engineering, availability of Intellectual Property Rights (IPR) on seeds, transgenic plants, genetically modified crops and globalization of agricultural trade are causing apprehension and threat of genetic pollution which has a direct impact upon the right to environment and other human rights as well. Environmental degradation and harm arising out of unsustainable practices of development, and the conflict between environmental rights and other human rights cannot be righted unless more is done by way of major structural and substantive reform to environmental protection. This paper is limited in it approach as it does not focus on scientific aspects of agricultural biotechnology rather it seeks to address some legal issues revolving around intellectual property rights over agricultural biotechnology, environment, human rights and sustainable development in Indian perspective. The present work examines the interrelationship between human rights and environment, and the soundness of the idea of human rights to a satisfactory environment. In this paper, an attempt has been made, to explore, how agricultural biotechnology has assumed significance in the present global economy, and its possible effects upon the environment and the realization of other human rights in India. An attempt has also been made to give a brief account of the various legislative measures adopted at the national level, considering the development-taking place at international level and the concept of sustainable development as a possible solution in this regard.