Right to Food and Intellectual Property Rights: Where is the Paradox?

Abstract

As it is known over past couple of years, we have got an opportunity to witness the increasing debates over international human rights law and intellectual property law. This paper is such an approach to shorten the rife between human right to food and intellectual property rights. India would not have been food sufficient without green revolution but on the other hand agriculture biotech and expanding market have seriously affected poor farmers. Firstly, the paper delves into the historical foundation of human rights framework for intellectual property by evaluating Art 27 of UDHR, 1948, Art 5(1) of ICESCR 1966 and Art 7 of TRIPS. Secondly, it emphasizes over the recent unsettled human right to food. Thirdly, it discusses the legal substratum of right to food and IPRs. It draws attention towards impact of TRIPS and pros and cons of UPOV on world food security. Fourthly, it analyzes intellectual property legislations in India and their influence over traditional agricultural techniques, farmer’s rights and food security. The paper ends with a conclusion of how right to food and intellectual property right can co-exist without contradicting each other by utilizing flexibility of TRIPS and a holistic approach of maintaining balance between biodiversity and inventors rights.