The Legal Framework of Intellectual Property Rights in Relation to

Human Rights

Eramala Dayal

V. T. Choksi Sarvajanik Law College, Surat, India

Keywords: Intellectual Property Rights, Human Rights, Universal Declaration of Human Rights, 1948, Stakeholders,

TRIPS.

Abstract: Way back in 1970, Supreme Court of India in Rustom Cavasjee Cooper v Union of India, acknowledged the

importance of intellectual property rights. This research paper is a humble attempt on part of the author to

trace efficacy of monopolistic intellectual property rights legal regime in promoting and safeguarding human

rights of all stakeholders in the society. The author shall modestly attempt to trace efficacy of Indian statutes

such as The Patents Act, 1970, The Geographical Indications of Goods (Registration and Protection) Act,

1999 and so on with reference to their role in safeguarding right to health, rights of traditional knowledge

holders, collective rights of holders of geographical indications and so on. International instruments such as

Universal Declaration of Human Rights, 1948, Trade Related Aspects of Intellectual Property Rights and

Doha Declaration shall also be reflected upon in this research journey. Landmark judicial pronouncements

such as Novartis A. G. v Union of India whereby our judiciary proactively safeguards our human rights shall

be reviewed in this paper. The author shall undertake comparative analysis of relevant statutes of other

countries also. An attempt shall be made to take feedback from stakeholders at grassroots level. Post TRIPS,

our legal regime related to Intellectual Property Rights has undergone many amendments - an effort shall be

made to gauge real impact of our amended IPR regime on the holistic development and welfare of Indian

society. Sui generic Indian approaches such as Traditional Knowledge Digital Library have been appreciated

globally but at the same time an attempt shall be made to explore other alternatives for proactively

safeguarding our invaluable traditional knowledge.

1 INTRODUCTION

The intricate interplay between Intellectual Property

Rights (IPRs) and human rights constitutes a

multifaceted legal landscape worthy of exploration.

Eramala Dayal, hailing from the esteemed V. T.

Choksi Sarvajanik Law College in Surat, India,

delves into this complex realm with a nuanced

analysis in this paper. At the heart of this discourse

lies an examination of the legal framework

surrounding intellectual property rights and their

correlation with the broader spectrum of human

rights.

IPRs, characterised by their predominantly

individualistic and monopolistic nature, span a

diverse spectrum encapsulating jura in re aliena and

jura in re propria. Against this backdrop, Dayal's

endeavour seeks to dissect the role played by

intellectual property rights within the context of

human rights. This modest attempt unveils a rich

tapestry of legal nuances, exploring the implications

of IPRs on the broader canvas of human rights,

shedding light on the intricate dynamics at play.

Through meticulous analysis, Dayal navigates

through the labyrinth of legal intricacies, shedding

light on the contemporary landscape of Geographical

Indications (GIs) in India. From the diverse array of

GI-tagged goods spanning agricultural, natural,

handicraft, manufactured, to foodstuff categories,

emerges a mosaic of regional diversity and cultural

heritage.

However, amidst this rich tapestry, the author

discerns both achievements and lacunae within the

national intellectual property rights legal regime,

thereby laying the groundwork for further exploration

and recommendations.

Dayal, E.

The Legal Framework of Intellectual Property Rights in Relation to Human Rights.

DOI: 10.5220/0012846200003882

Paper published under CC license (CC BY-NC-ND 4.0)

In Proceedings of the 2nd Pamir Transboundary Conference for Sustainable Societies (PAMIR-2 2023), pages 363-372

ISBN: 978-989-758-723-8

363

2 HYPOTHESIS

Our national intellectual property rights legal regime

holistically safeguards human rights of Indians.

3 RESEARCH METHODOLOGY

Comparative, Doctrinal and Non doctrinal research

methodology has been adopted by the researcher.

Doctrinal Research: The author has compared

provisions of various international instruments and

constitutions with reference to right to scientific

benefits.

Non-doctrinal research: The author has done tabular

analysis of cost of branded medicines (patented

medicines) and generic medicines.

The author has done tabular analysis of GI tagged

goods in different states of India.

The author has carried out e survey for discerning

that whether people prefer branded medicines or

generic medicines.

Meaning, Definition and Rationale of human right

The Protection of Human Rights Act, 1993: “Human

rights mean the rights relating to life, liberty, equality

and dignity of the individual guaranteed by the

Constitution or embodied in the International

Covenants and enforceable by courts in India”

United Nations: “Human rights are rights inherent

to all human beings, regardless of race, sex,

nationality, ethnicity, language, religion, or any other

status. Human rights include the right to life and

liberty, freedom from slavery and torture, freedom of

opinion and expression, the right to work and

education, and many more. Everyone is entitled to

these rights, without discrimination.”

Canada: “Human rights are the rights to which

persons are inherently entitled to because they are

human beings. Human rights describe how we

instinctively expect to be treated as persons. They

define what we are all entitled to – a life of equality,

dignity and respect, to live free from discrimination

and harassment.”

Meaning of Intellectual Property Rights

World Intellectual Property Organisation:

“Intellectual property refers to creations of the mind,

such as inventions; literary and artistic works;

designs; and symbols, names and images used in

commerce.”

Rustom Cavasjee Cooper V Union Of India: “--

property means the "highest right a man can have to

anything, being that right which one has to lands or

tenements, goods or chattels which does not depend

on another’s courtesy : it includes ownership, estates

and interests in corporeal things, and also rights such

as trade-marks, copyrights, patents and even rights in

personal capable of transfer or transmission, such as

debts; and signifies a beneficial right to or a thing

considered as having a money value, especially with

reference to transfer or succession, and to their

capacity of being injured.”

Legal Regime Relating to Intellectual Property

Article 27 of Universal Declaration of Human Rights,

1948:

According to the above-mentioned article, the

researcher gathers that, “everyone has the right freely

to participate in the cultural life of the community, to

enjoy the arts and to share in scientific advancement

and its benefits and everyone also has the right to the

protection of the moral and material interests

resulting from any scientific, literary or artistic

production of which he is the author.”

The author traces right to scientific benefits way

back to 1948 vide UDHR. Article 27(2) of UDHR

embodies legal justification for protection of

intellectual property rights.

Article 15 of Part III of International Covenant on

Economic Social Cultural Rights, 1966:

1. “The States Parties to the present Covenant

recognize the right of everyone:

(a) To take part in cultural life.

(b) To enjoy the benefits of scientific progress and

its applications.

material interests resulting from any

scientific, literary, or artistic production of which he

is the author.

2. The steps to be taken by the States Parties to the

present Covenant to achieve the full realization of this

right shall include those necessary for the

conservation, the development and the diffusion of

science and culture.

3. The States Parties to the present Covenant

undertake to respect the freedom indispensable for

scientific research and creative activity.

4. The States Parties to the present Covenant

recognize the benefits to be derived from the

encouragement and development of international

contacts and co-operation in the scientific and cultural

fields.”

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The author gathers that similar protection as is

advocated by UDHR with reference to rights related

to intellectual property has been reiterated in the

Covenant of 1966.

Article 1of American Constitution

“The Congress shall have Power To —— promote the

Progress of Science and useful Arts, by securing for

limited Times to Authors and Inventors the exclusive

Right to their respective Writings and Discoveries.”

Article 51A(h) of Part IVA of Constitution of

India:

“It shall be the duty of every citizen of India to

develop the scientific temper, humanism and the

spirit of inquiry and reform.”

Constitution of Taiwan

Article 10: “The State shall encourage the

development of and investment in science and

technology, facilitate industrial upgrading, promote

modernization of agriculture and fishery, emphasize

exploitation and utilization of water resources, and

strengthen international economic cooperation.

Priority shall be given to funding education,

science, and culture, and in particular funding for

compulsory education”.

Article 164: “Expenditure for educational programs,

scientific studies and cultural services shall not

account for less than fifteen percent of the total

expenditure in the Central Government’s budget.”

Article 165: “The State shall safeguard the livelihood

of those who work in the fields of

education, science and art, and shall, in accordance

with the development of the national

economy, increase their remuneration from time to

time.”

Article 166: “The State shall encourage scientific

discoveries and inventions.”

Article 42 of Arab Charter on Human Rights:

According to the above stated article, the author

gathers that “every person has the right to take part in

cultural life and to enjoy the benefits of scientific

progress and its application and the States parties

undertake to respect the freedom of scientific research

and creative activity and to ensure the protection of

moral and material interests resulting from scientific,

literary and artistic production.”

Article 32 of ASEAN Human Rights Declaration

“Every person has the right, individually or in

association with others, to freely take part in cultural

life, to enjoy the arts and the benefits of scientific

progress and its applications and to benefit from the

protection of the moral and material interests

resulting from any scientific, literary or appropriate

artistic production of which one is the author.”

After analysing various international instruments and

constitutions of other countries and comparing them

with constitutional provisions of our country the

author gathers that specific provisions relating to right

to scientific benefits do not find place in our

constitution. The Constitutional provision of Taiwan

with reference to increase in remuneration of those

who work in field of science is also an appreciative

initiative.

Meaning of Patent

WIPO: “A patent is an exclusive right granted for an

invention, which is a product or a process that

provides, in general, a new way of doing something,

or offers a new technical solution to a problem. To get

a patent, technical information about the invention

must be disclosed to the public in a patent

application.”

United States Patent and Trademark Office: “A patent

for an invention is the grant of a property right to the

inventor, issued by the United States Patent and

Trademark Office.”

Australia: “A patent protects any device, substance,

method or process that's new, inventive and useful.”

India: “A Patent is a statutory right for an invention

granted for a limited period of time to the patentee by

the Government, in exchange of full disclosure of his

invention for excluding others, from making, using,

selling, importing the patented product or process for

producing that product for those purposes without his

consent.”

Rationale for granting patent

Greece: “Athenaeus of Naucratis an ancient Greek

scholar who wrote about Greek cultures mentioned

for first time about a concept resembling patents -

around sixth century BC, the Sybarites descended

into feasting and they enacted a law that when one of

the chefs invented his own dish, no other person

should be allowed to make use of this invention

before the end of a year. Only the inventor himself

was allowed to prepare his dish for twelve months and

during that time he would have the business profit

from his dish. The reason behind this law was that

others would compete and surpass each other in such

inventions.”

The author traces similarities between rationale

for granting patent in contemporary times and this

antique 6th century BC Law of the city of Sybaris of

Greece.

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Table 1: The comparison between Contemporary Patent System and Sybarites Law of Greece

Contemporary Patent System Sybarites Law of Greece (approximately 6th

century BC)

True and first inventor has exclusive right for his/her invention Chef had exclusive right to prepare his newly

invented dish.

Term of Patent - 20 years Term of exclusive right - 12 months

Negative Right - Others are forbidden to commercially exploit

atented invention for said term of 20 years

Negative Right - Others were not allowed to

repare the same dish for a year

On expiration of term of patent, the invention passes into the

ublic domain so that an

one can use it.

Exclusive right was withdrawn after a year, and

one could make the dish

America: “A patented invention can prove to be

useful for

 Gaining entry to a market.

 Excluding others from a market.

 As a marketing tool to promote unique

aspects of a product.

 Sold or licensed, like other property.”

India: Rationale of The Act VI of 1856 is to:

 Encourage and promote inventions of new

and useful manufactures.

 Induce inventors to disclose secret and

know-how of their inventions.

WIPO: Reasons for filing patent applications:

 To protect investment in research and

development for term of 20 years.

 To gain advantage against competitors.

 To control suppliers.

 To support a licensing-out program.

 To maximise tax planning options.

 To gain reputation for innovation.

 To motivate researchers

OECD: Rationale and Objectives behind patent

system:

 “Patent is a legal title that gives the holder

the right to exclude others from using a

particular invention.

 Patentee will profit from monopoly.

 Without proper legal mechanism in place,

inventions would be copied without consent

of patentee.

 It will cause him monetary loss.

 Patenting system helps in spread and

transfer of knowledge since patents are

granted in return for disclosure of the

invention.

 Invention breeds invention.”

 In a Nutshell:

Intellectual property belongs to its creator. Benefits

arising from it should belong to the creator of the

property. Besides inventions, authors of literary and

artistic works are entitled to benefits arising from

their creations. They have economic as well as moral

rights with reference to their work. The rights in

incorporeal property have been recognised on the

principle that what a man produces or creates belongs

to him and immaterial and intangible product of a

person’s intellect may be as valuable as any other

corporeal property. Law has given a proprietary right

in things to the person who makes or produces them

and for any violation of these rights there are legal

remedies. Even the State and society are obliged to

protect material interests of men in immaterial

property belonging to him. If someone infringes IPRs

belonging to their creators, then he should have

appropriate legal remedy as is illustrated by the

maxim with ubi jus ibis remedium. In Ashby v White,

Holt, C. J. has observed that, “If a man has right, he

must have means to maintain and vindicate it, and

remedy is he is injured in the exercise and enjoyment

of it; and indeed, it is a vain thing to imagine a right

without a remedy, for want of right and remedy are

reciprocal.”

Term of Patent

Multilateral Agreement of WTO on Trade Related

Aspects of Intellectual Property Rights:

Article 33 - “Term of Protection: The term of

protection available shall not end before the

expiration of a period of twenty years counted from

the filing date.”

The Patents Act, 1970:

Section 53: Term of patent.— “(1) Subject to the

provisions of this Act, the term of every patent

granted, after the commencement of the Patents

(Amendment) Act, 2002, and the term of every patent

which has not expired and has not ceased to have

effect, on the date of such commencement, under this

Act, shall be twenty years from the date of filing of

the application for the patent.”

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Basic Principles Applicable to Working of

Patented Inventions

 Section 83 of our 1970 Act itself is

illustrative of balancing of rights of patentee

on one hand and benefit of society at large

on other hand.

On analysis the author gathers that these legislative

provisions encourage rights of patentee on one hand

and on the other hand assure that inventions are

worked in our country so that Indians get benefit out

of the relevant technological advancements without

any loss of time. It advocates dissemination of

technology in tune with our constitutional vision of

social and economic welfare.

Compulsory Licences

Section 84 of the 1970 Act: “Compulsory licensing

whereby if the patented inventions do not satisfy

reasonable requirements of the public or are not

reasonably priced or not worked in India then on

receiving application the Controller General of

Patents shall grant the licence.”

After analysing the rationale underlying patenting

system, the author gathers that monopolistic rights are

guaranteed to the inventors as a mode of

encouragement to the inventors, for disclosure,

spread and knowledge of their scientific novel know

how and techniques. The patentee will enjoy

commercial benefits from his or her invention for the

term of 20 years. Hence patent system for sure

protects moral, economic, and legal rights of

patentee. One very important feature of patenting

system is that it contributes towards overall

improvement of standard of living of society.

Invention breeds invention. Only those inventions are

patentable which are novel, non-obvious and have

utility. Patenting system contributes towards

industrial development also which in turn escalates

economic growth. Hence human rights of society are

positively affected through patenting system. This

system benefits both the society and patentee. The

patentee discloses his/her invention by virtue of

written specification at the time of patent application.

If invention meets the criteria of novelty, utility and

non-obviousness then patentee gets 20 years

exclusivity. After twenty years, public can reap

commercial advantage arising out of that invention.

World Trade Organisation itself has clarified that

patenting system is for holistic progress of society as

can be gathered from the following clarification:

“A patent only gives an inventor the right to prevent

others from using the patented invention. It says

nothing about whether the product is safe for

consumers and whether it can be supplied. Patented

pharmaceuticals still have to go through rigorous

testing and approval before they can be put on the

market.”

Judicial Pronouncement

The author further considers judicial pronouncement

of our apex court in landmark judgment of Novartis

A.G. v Union of India. This decision has been

delivered in tune with preambular vision of our

constitution with specific focus on economic situation

of our country and diversity as is prevalent in Indian

society. This decision is in tune with the spirit of

Section 3(d) of The Patents Act, 1970, which forbids

ever greening of patents in pharmaceutical sector. We

have taken benefit of flexibilities provided for in

TRIPS agreement. These flexibilities were further

elaborated and detailed in Doha Declaration on

TRIPS and Public Health:

“Intellectual property protection is important for the

development of new medicines. We also recognize

the concerns about its effects on prices. We agree that

the TRIPS Agreement does not and should not

prevent members from taking measures to protect

public health. TRIPS Agreement can and should be

interpreted and implemented in a manner supportive

of WTO members' right to protect public health and

to promote access to medicines for all.”

Hence in tune with our preambular vision, TRIPS

flexibilities and Doha Declaration and observations

of our Apex Court in Novartis judgement, the

researcher gathers that Section 3(d) of 1970 Act is an

attempt by our legislators to regulate our patenting

legal framework in such a manner that scientific

progress and development take place on Indian soil

but at the same time lifesaving medications do not

become so dear that they become out of reach of

Indians.

Appeal by Indian Government to Council of

TRIPS during Pandemic

Moving on to contemporary concerns about right to

health, the researcher has further analysed heartfelt

appeal to all members of WTO by our Government

during pandemic times to waive of stringent

requirements of TRIPS Agreement. This appeal has

been verbatim reproduced by the author underneath:

“Internationally, there is an urgent call for global

solidarity, and the unhindered global sharing of

The Legal Framework of Intellectual Property Rights in Relation to Human Rights

367

technology and know-how in order that rapid

responses for the handling of COVID-19 can be put

in place on a real time basis. In these exceptional

circumstances, we request that the Council for TRIPS

recommends, as early as possible, to the General

Council a waiver from the implementation,

application, and enforcement of Sections 1, 4, 5, and

7 of Part II of the TRIPS Agreement in relation to

prevention, containment or treatment of COVID-19.”

Traditional Knowledge Digital Library

Post expensive litigation battles for revocation of

basmati, neem and turmeric patents in USPTO and

European Patent Office, our government has adopted

a Sui generic mechanism for safeguarding human

rights of traditional knowledge holders. During

pandemic, healthcare needs of majority of Indians

were taken care of by effective use of traditional

knowledge related to Ayurveda, Siddha, Unani and

Sowa Rigpa as well as Yoga. The researcher gathers

that this Sui generic initiative of our government has

contributed towards holistic sustainable growth of our

society.

“Approximately 283 patent applications at

international patent office’s such as - United States

Patent and Trademark Office (USPTO), European

Patent Office (EPO), Canadian Intellectual Property

Office (CIPO), German Patent and Trade Mark

Office (DPMA), United Kingdom Patent &

Trademark Office (UKPTO), IP Australia (AIPO)

and Controller General of Patents Designs and

Trademarks (CGPDTM, India), which directly

indirectly exploited our traditional knowledge have

been either withdrawn, cancelled or disposed of vide

effective use of TKDL mechanism.”

Table 2: Cost Comparison Between Branded Medicines (Patented) and Generic Medicines

Condition Branded Medicines (Patented) MRP SP Generic Medicines MRP SP

Verti

o Vertin

176.61

155

VERTIFORD

325.35

Body Ache ZERODOL - SP

118

105

DOLOFRESH

Headache SERIDON ADVANCE

PARACIP

Diabetes GLORIMET

58.43

DAILYGLIN

High Cholesterol

AZTOR

ATORNIZ

Migraine NAPROSYN

NAPROSEL

Skin Disease ITRASON

100

ITRADUS

147

Acne FACKLIN

225

210

CLINCITOP

Acidit

, Vomit REECOOL D

240

220

RWELL D

Diarrhoea LOPAMIDE

ROKO

22.76

Blood Pressure TELMA

TETRAMAVAS

81.17

COUGH AND COLD SINAREST

COLDEX

 The author has undertaken comparative

analysis of branded medicines (patented)

and generic medicines for certain general

ailments such as vertigo, cough cold and so

on.

 Market Retail Price of some branded

medicines is less than generic medicines.

But selling price of generic medicines is

much lower as compared to branded

medicines.

Analysis graphically results of e survey conducted

amongst a sample size of 260 respondents.

1. Are you using any generic medicine

currently?

Majority respondents (69.4%) are not using generic

medicines.

2. Do you buy your medicines from a

pharmacy where generic medicines are

available?

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Majority respondents (65.5%) are in fact buying their

medicines from pharmacies where both generic as

well as branded medicines are available.

3. Have you ever switched from a branded medicine

(patented) to generic medicine?

Majority respondents (53.9%) have not switched

from branded to generic medicine.

4. Do you find branded medicines (patented) to be

more expensive than generic medicines?

Majority respondents (81.4%) find branded

medicines to be more expensive than generic

medicines.

Findings of e-survey

From the above e survey, the author gathers that:

 Majority of respondents do not prefer to use

generic medicines despite of them being

cheaper than branded medicines.

 The reasons behind not preferring generic

medicines despite of them being cheaper

than branded medicines is that not all

patients respond positively to them.

 Also, recovery rate in generic medicines is

much slower in comparison to branded

medicines.

 Doctors also do not show inclination

towards prescribing generic drugs since they

do not yield quick positive results.

Meaning of Geographical Indications

 “Geographical indications are, indications

which identify a good as originating in the

territory of a member, or a region or locality

in that territory, where a given quality,

reputation or other characteristic of the good

is essentially attributable to its geographical

origin.”

The Geographical Indications (GI) of Goods

(R&P) Act, 1999

 Section 2(e): “geographical indication, in

relation to goods, means an indication which

identifies such goods as agricultural goods,

natural goods or manufactured goods as

originating, or manufactured in the territory

of a country, or a region or locality in that

territory, where a given quality, reputation

or other characteristic of such goods is

essentially attributable to its geographical

origin and in case where such goods are

manufactured goods one of the activities of

either the production or of processing or

preparation of the goods concerned takes

place in such territory, region or locality, as

the case may be.”

 Section 11(1): “Any association of persons

or producers or any organisation or authority

established by or under any law for the time

being in force representing the interest of the

producers of the concerned goods, who are

desirous of registering a geographical

indication in relation to such goods shall

apply in writing to the Registrar in such form

and in such manner and accompanied by

such fees as may be prescribed for the

registration of the geographical indication.”

 Section 18 (1): “The registration of a

geographical indication shall be for a period

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369

of 10 years but may be renewed from time to

time in accordance with the provisions of

this section.”

The Geographical Indications (GI) of Goods

(Registration and Protection) Act, 1999 of India

accords protection to human rights of a group of

people belonging to a particular locality. This

legislation is in a way illustrative of India’s

commitment towards fulfilment of its TRIPS’

obligations.

The intention of legislators for enacting this Act is to

safeguard interest of producers of such goods which

are reputed mainly because of their geographical

roots and connections on one hand and preventing

unauthorised use by miscreants on other hand.

At the same time world is becoming more and more

ecologically conscious day by day. Hence world over

preference for local produce, goods which are

environment friendly is increasing. This 1999 Act in

a way gives boost to the export of our products.

Table 2: Types of goods against their geographical indications

Sr. Nos. Goods Geographical Indications

1 Agricultural Products Darjeeling Tea

Kangra Tea

Coorg Orange

Nagpur Orange

Arunachal Orange

Jalna Sweet Orange

Mysore Betel leaf

Udupi Malligae

Hadagali Malligae

Navara Rice

Palakkadan Matta Rice

Wayanad Jeerakasala Rice

anad Gandhakasala Rice

2 Handicrafts Aranmula Kannadi

Pochampalli Ikat

Salem Fabric

Chanderi Sarees

Mysore Silk (Logo)

Mysore Rosewood Inlay

Thirubuvanam Silk Sarees

Kancheepuram Silk

Muga Silk of Assam

Arani Silk

Champa Silk Saree And Fabrics

Surat Zari Craft

Kinhal Toys

Leather Toys of Indore (Logo)

Varanasi Wooden Lacquerware & Toys

Etikoppaka Toys

Channapatna Toys & Dolls

Nirmal To

s and Craft

3 Food Ratlami Sev

Tirupathi Laddu

Bandar Laddu

Banglar Rasogolla

Silao Khaja

Odisha Rasagola

4 Natural Chunar Balua Patthar

Makrana Marble

5 Manufactured Mysore Agarbathi

Mysore Sandalwood

Oil Mysore Sandal soap

Feni

5 Foreign goods - GI Tagged Under Indian Law Scotch Whisky of Uk

Prosciutto di Parma of Italy

Parmigiano Reggiano of Italy

Prosecco of Italy

Asiago of Italy

Cognac of France

Tequila of Mexico

Lamphun Brocade

Thai Silk

Grana Padano

From the above tabular analysis, the author gathers

that:

 Contemporarily five categories of goods are

GI tagged in our country - agricultural,

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natural, handicraft, manufactured and

foodstuff.

 Same agricultural goods such as tea,

oranges, malligae and rice enjoy GI tag in

different States of our country. In fact,

Basmati rice enjoys GI tag in 8 States in

India – [Punjab, Haryana, Himachal

Pradesh, Delhi, Uttarkhand, Uttar Pradesh,

Jammu & Kashmir].

 Handicrafts such as silk and toys are also GI

tagged in different cities of India.

 Foodstuffs such as laddu and Rasagola also

enjoy GI protection in different states of

India.

 Different products such as agarbatti, silk,

soap having geographical roots in the same

place - Mysore are also GI tagged.

 Even foreign goods can be registered under

our domestic Act of 1999, and they enjoy

statutory protection within territory of India.

4 FINDINGS

This research journey to an extent supports the

hypothesis that our national intellectual property

rights legal regime holistically safe-guards human

rights of Indians but there is still scope of

improvement. The author supports this finding with

following conclusions and humble recommendations.

5 CONCLUSION

 Specific provisions relating to right to

scientific benefits do not find place in our

constitution.

 A sort of balancing of monopolistic rights of

inventors and society at large can be

discerned after analysis of rationale

underlying our national legal regime relating

to patents.

 Landmark judgement delivered in Novartis

case by Aftab Alam, J. And Ranjana Prakash

Desai, J also is conducive towards protection

of human rights of Indians as a whole. Apex

Court in this judgement has clearly

interpreted Section 3(d) of 1970 Act as

forbidding ever greening of patents.

 Amid challenging times of the India

emphasized the need for worldwide

solidarity and actively advocated waiving of

enforcement of Sections (1,4,5, and 7) in

Part two of TRIPS Agreement. These

sections pertain Copyright and Related

Rights, Industrial Designs, Patents and

Protection of Undisclosed Information.

 Sui generic initiative of our government

namely TKDL has definitely contributed

towards holistic sustainable growth of our

society at the same time protecting human

rights of holders of traditional knowledge.

 Our domestic legal regime related to patents

definitely attempts to balance rights of

inventors on one hand and society at large on

other hand. But after undertaking

comparative analysis of branded medicines

(patented) and generic medicines the author

gathers that despite generic medicine being

cheaper as compared to their branded

options, patients do not prefer to opt for

generic ones as they do not find them to be

much effective.

 The author gathers that GI Act of India does

not per se encourage monopolistic rights. It

advocates group rights. Also, term of

registration of geographical indication is for

a term of 10 years and there is scope of its

renewal also. Hence these statutory

provisions advocate sustainable

development and group rights.

6 RECOMMENDATIONS

 Specific provisions relating to right to scientific

benefits should be included our constitution.

 Those Indians who diligently discharge their

fundamental duty and cultivate scientific temper

should be adequately remunerated in monetary

terms also. They should be appreciated at all

levels.

 More research and development is required as far

as generic medicines are concerned since their

efficacy in line of treatment in contemporary

times is questionable.

REFERENCES

Tripathi. (2003). Jurisprudence (14 ed.). India: Allahabad

Law Agency.

Kersley. (2004). Broom's Legal Maxims (10 ed.). India:

Universal Law Publishing Company.

Aggarwal, D. H. (2019). International Law and Human

Rights (22 ed.). India: Central Law Publications.

Singh, D. A. (2013). Law Relating to Intellectual Property

Rights (1 ed.). Inida: Eastern Book Company.

The Legal Framework of Intellectual Property Rights in Relation to Human Rights

371

Ahuja, D. V. (2022). Law Relating to Intellectual Property

Rights (3 ed.). India: LexisNexis.

Singh, M. P. (2022). V. N. Shukla's Constitution (14 ed.).

India: Eastern Book Company.

(n.d.). Retrieved 2022, from

https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?fi

lename=q:/IP/C/W669.pdf&Open=True.

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