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Are Intellectual Property Rights are a barrier in achieving SDGs?

Dr. Arvind Kumar*

This is the age of information revolution and internet has made the world come to us on a platter, with it comes challenges like idea theft or plagiarism. Plagiarism has become a much greater issue over the last thirty years because the rise of the internet makes it much easier to cut, copy and paste someone else’s work directly into your own, passing off someone else’s ideas — their ‘intellectual product’ — as your own. Out of passion thought leaders float several ideas in their speeches or letters written to government. The governments on several occasions use these ideas but where is the credit? Everyone knows the name of the person who built the first toilet but do you know on whose idea the whole railway mission or cleanliness mission was formulated? No, but I am sure there are several unsung heroes who have contributed to nation building wholeheartedly without any personal benefits.

I give you an example of India Water Foundation, through its journey of sixteen years have pioneered several models especially for states of north eastern region of the country which enabled these states to move from periphery to mainstream of development without seeking any personal glory or credit. However with Intellectual property rights you can copyright your idea and shall get credit whenever it is used. For developing a particular idea/technology a lot of effort, resources, and money are invested with the accompanying risk of failure. Just because someone steals an idea rather than a written word makes no difference they are both intellectual theft. This system of IPR exists to stimulate investment and create an enabling environment for innovation and creativity to thrive, for related disputes to be resolved and ensure reciprocity later. In this age of information and knowledge based economy Intellectual Property is a central asset and a powerful tool for human progress. Innovation policies, together with environmental laws, play a key role in addressing many global environmental issues. Intellectual property rights, as temporary privileges over the products of intellectual activity, determine who controls information and technology.

But what happens to this model in times of a global crisis when IPRs are challenged by demands for universal access to key technologies?

How to make technology, innovations and inventions accessible to all so that no one is left behind, the very motto behind Sustainable Development Goals? 

Interface between SDGs and IPR

Sustainable development has emerged as a key priority in the global agenda, and the intellectual property system has come to interact with it more closely. This has resulted in the emergence of a range of policy and legal issues that the IP system is still grappling with in relation to biodiversity, climate change and the diffusion of green technologies, food security, and the implementation of the Sustainable Development Goals more generally. A number of developing countries have advanced that IPRs can be a barrier to the large-scale diffusion of these technologies and affordable access. On their part, many industrialized countries view IPRs as an essential incentive for innovation, without which no transfer or diffusion can take place. the primary challenges lies in ensuring equitable distribution of innovations. While intellectual property protection is crucial for incentivizing innovation, it often raises concerns about accessibility, particularly in the context of essential technologies and medicines. Striking a balance between protecting IPR and ensuring that advancements reach those who need them most remains a complex challenge.

India considers the whole world as Vasudhaiv Kutumbkum. During the G20 meetings in Delhi, India pushed for a waiver of intellectual property rights for technologies related to green energy and energy transition in a bid to bridge the technology gap across G20 countries and accessibility to countries of global south. Besides several activities India Water Foundation also oversees the global outreach for the government of India at Human rights commission and their vaccine maitri was a huge hit especially in the countries of global south as it contributed to the overarching goal of promoting good health and well-being all around the world without caring for patents, trademarks or copyrights. In today’s rapidly evolving landscape, the importance of intellectual property cannot be overstated, especially when viewed through the lens of advancing the SDGs. Intellectual property acts as a catalyst for innovation, protecting the rights of inventors while also encouraging a competitive environment. By providing inventors and organizations with exclusive rights to their creations, the intellectual property system encourages them to advance in technology that nurtures the SDGs.

Way Forward

For businesses and innovators, it’s time to produce new ideas and make innovations, committing to doing practices more responsibly, making sure ideas are shared fairly, and thinking about the long-term effects. Intellectual property not only fosters economic growth but also addresses critical challenges outlined in the SDGs, such as clean energy, healthcare accessibility, and environmental sustainability. We have to emphasize on the role of creating supportive policy, legal frameworks and institutions, so policymakers can encourage businesses and innovators to align their efforts with the principles of sustainable development. On the basis of my experience spanning almost three decades, as a civil society human rights pro activist in the sector, the development agenda should be inclusive, with an equal weight of CSOs, governments, international organizations, companies, and innovators to act together to make a real impact. It’s not just about what one group can do alone; it’s about bringing together different perspectives and resources to find smart solutions. If IPR if not used carefully, it can introduce distortions that can be detrimental to the interests of these nations. Developed countries should pay more attention to reconciling their commercial self-interest but act on everyone’s interest ensuring no one is left behind.

*Editor, Focus Global Reporter

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