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THE ROLE OF INTELLECTUAL PROPERTY RIGHTS IN ACHIEVING SDGS

Sustainable development is a crucial concept in today’s world. According to the Brundtland Report, sustainable development refers to “development that meets the needs of the present, without

THE ROLE OF INTELLECTUAL PROPERTY RIGHTS IN ACHIEVING SDGS

INTRODUCTION

Sustainable development is a crucial concept in today’s world. According to the Brundtland Report, sustainable development refers to “development that meets the needs of the present, without compromising the ability of future generations to meet their own needs.”It refers to simultaneous development in the economic, environmental and social spheres. The integration of the spheres is important because it implies that the development in one sphere should not happen at the cost of another. There are several means for achieving sustainable development. Use of intellectual property rights is one of the most effective means for doing so. Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. Intellectual property in law is protected through patents, trademarks, copyrights, geographical indications, etc.

NEXUS BETWEEN INTELLECTUAL PROPERTY AND SUSTAINABLE DEVELOPMENT GOALS 

The creation of the Sustainable Development Goals can be seen as a stepping stone towards achieving the dream of sustainability. The Sustainable Development Goals (SDGs), also known as the Global Goals, were adopted by the United Nations in 2015 as a universal call to action to end poverty, protect the planet, and ensure that by 2030 all people enjoy peace and prosperity. Fulfilment of SDGs requires collective action and cooperative effort by all the member states of the UN. 

Innovation and creativity are at the heart of sustainability. Unique solutions, ideas and technologies are needed to solve the problems at a global level. This is where intellectual property rights come into the picture. IP rights provide exclusive right to the inventors and creators over their work. Even from the economic viewpoint, only the holders of patents or copyrights for instance are allowed to use them for their own monetary benefit. This provides them with an incentive to innovate and develop sustainable technologies and practices which would be beneficial to the society at large. 

On the other hand, the absence of intellectual property rights will retard innovation. If an individual does not get an exclusive right over his work, he will neither have any monetary gain nor will he have any social recognition of the same. Thus, the incentive to create, produce and innovate will substantially decline. So, inspite of having enough knowledge, skills and creativity, a lack of incentive will hold back the individual from innovating. If this happens on a large scale, the society will keep using rudimentary technologies and methods which will surely form an obstacle in the path of sustainability. Thus, the existence of intellectual property rights is extremely essential for working towards sustainable development.

HOW INTELLECTUAL PROPERTY RIGHTS HELP TO ACHIEVE SDGS

Environmental impact: 

SDG 9 talks about ‘Industry, Innovation and Infrastructure’. It underlines the need for technological progress through investment in research and development especially in the areas of production, manufacturing and infrastructure building. Intellectual property, especially patents foster such innovation. A patent is an exclusive right granted for an invention. It provides legal protection to the inventor and thereby leads to the use of sustainable and efficient technologies in the building of physical capital of a country. SDG 7 focuses on ‘Affordable and Clean Energy’. Clean energy refers to energy produced from renewable resources, for instance wind energy, solar energy, etc. Patents can help to protect and advance technologies related to solar panels, wind turbines, grid integration, etc. Innovations can also be made to make these technologies more economical and affordable for the masses. As such technologies can have a far-reaching positive impact on the environment only when they are used extensively by the common people. Creation of such green technologies will also help to achieve SDG 13 oriented towards ‘Climate Action’.

Socio-economic impact: 

Intellectual property not only contributes towards environmental protection but also towards improving the quality of lives of the people. It does this by helping to achieve SDG 3, that is ‘Good Health and Well-being’. Patents in particular promote developments in the pharmaceutical sector and help in creation of better medical technologies, equipments and drugs. It leads to better course of treatment and is particularly useful during epidemics and pandemics. For instance, intellectual property facilitated the development as well as distribution of vaccine during the COVID-19 pandemic. 

Intellectual property also helps to promote SDG 4, that is, ‘Quality Education’ especially through the use of copyrights. “Copyright” means an exclusive right granted to the creator or owner in the case of a literary, dramatic or musical work with respect to reproducing the work, making copies of the work, adaptation of the work, etc. Thus, copyright helps in protection of educational materials and resources and distribution of such quality materials to the people in the form of books, textbooks, journals, videos, e-content, etc. It also contributes towards the progress of SDG 12 which focuses on ‘Sustainable Cities and Communities’ by fostering creativity. Copyright promotes cultural diversity by helping to preserve the culture of different communities which further leads to setting up of an inclusive environment. It also bolsters creative industries such as music, cinematography, handicrafts, fashion etc. thereby leading to the cultural as well as economic development of the communities. 

Trademarks as well as design rights contribute towards the promotion of SDG 12 that talks about ‘Responsible Consumption and Production’. A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. It enables the consumer to identify and use products of those brands which promote sustainable practices. Branded products assures the consumers of the quality and helps them to make reasonable consumption through informed choices. Design rights enable the producers to protect the specific designs of their products and at the same time innovate such designs which would improve operational efficiency and user experience by optimum utilisation of resources. It also encourages creativity and leads to employment generation in creative industries. 

CHALLENGES WHICH IP BRINGS AND WAYS TO OVERCOME THEM 

While intellectual property incentivises innovation and creation of sustainable technologies, the main challenge which it poses is the distribution of such technologies. It is difficult to achieve the SDGs unless innovations are made accessible to all. Keeping the innovations restricted to an area and using them only for personal benefit will definitely be a hindrance in the path of sustainability. In order to ensure accessibility and equitable distribution of innovations, walking on the lines of SDG 17, that is, ‘Partnerships for the Goals’, is essential. Intellectual property can be strategically deployed through licensing agreements, public-private partnerships, global partnerships and agreements, etc. Businesses should focus on using sustainable practices, which would help to make it a norm instead of an exception. A real and bigger impact is possible only when the innovators, governments, private bodies and businesses work together. Collaboration is the key to make innovations accessible to the areas where they are needed the most. 

CONCLUSION

It is important to ensure a balance between protecting the rights of the inventors and creators and making the innovations accessible to all. Care must be taken while taking intellectual property from the private sphere and fitting it into the public realm. A positive synergy between the private organisations and public bodies is crucial for ensuring sustainable development through intellectual property. Aligning intellectual property rights and legal policies with the SDGs highlights the potential of intellectual property in contributing towards overall global development and enhancing public welfare.

Author(s) Name: Riya Pimputkar (ILS Law College, Pune)

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