Registration of Plant Varieties and Food Health in Light of Bioethics and Public Law
Keywords:
food safety, international documents, Irten rights, public law, Registration of plant varietiesAbstract
The aim of the present article is to examine the impact of the registration of plant varieties on food health in light of public law and bioethics. This issue represents a significant point of potential conflict and controversy between food health—as one of the components of bioethics and, more broadly, as a public right—and the registration of plant varieties by plant breeders. The central question concerns the mechanisms for achieving balance and equilibrium between the registration of plant varieties and food health, within the framework of bioethics and public law. This article adopts a descriptive-analytical approach and uses library research to address the stated question. The findings indicate that both domestic legal systems and international instruments have established various mechanisms to balance the right to food health—recognized as one aspect of public rights—with plant breeders' right to register plant varieties. These mechanisms include creating safe conditions for the transfer of genetically modified technology and plant varieties, informing relevant authorities, preserving the confidentiality of genetically modified products, and ensuring the provision of accurate information about genetically modified products by governments. However, there are deficiencies, particularly in international instruments, regarding the enforcement of these mechanisms, which need to be addressed. In conclusion, it can be stated that the right to health is emphasized in both domestic law and international instruments, but it enjoys stronger enforcement mechanisms in Iran’s domestic legal system.
Downloads
References
Ahmadnejad, M. J., & Heidari, L. (2012). Public Order and Intellectual Property Rights. Medical Law, 1.
Amir Arjomand, A. (1995). Environmental Protection and International Cooperation. Journal of Legal Research, Shahid Beheshti University, 1.
Badi’ Sanaii Esfahani, A., & Bigdeli, S. (2014). The Basis of Civil Liability for Genetically Modified Food Products (A Comparative Study in Iranian Law and International Documents). Comparative Law Studies, 5(2).
Cooper, H. D. (2002). The International Treaty on Plant Genetic Resources for Food and Agriculture. Review of European Community and international Environmental law, 11(1), 1-16. https://doi.org/10.1111/1467-9388.00298
Delkhosh, A. (2011). Combating International Crimes: State Obligations to Cooperate. City of Knowledge Institute for Legal Studies and Research.
Ghamami, M. M. (2005). Rights vs. the Crisis of Genetic Foods. Journal of Psychology and Educational Sciences, 46.
Habiba, S. (2003). The Possibility of Obtaining a Patent for Biotechnology Inventions and the Agreement on Trade-Related Aspects of Intellectual Property Rights. Journal of the Faculty of Law and Political Science, 60.
Habiba, S., & Heidari, R. (2014). The Scope of Intellectual Property Rights in Protecting New Plant Varieties. Private Law Studies, 44(2).
Henry, D. (2002). Molecular Strategies for Gene Containment in Transgenic Crops. Journal of Nature Biotechkology, 20(6). https://doi.org/10.1038/nbt0602-581
Katouzian, N. (2002). Philosophy of Law (Vol. 3). Company of Publication.
Khademi, H. (2012). Establishing a National System for Registering Biotechnology Inventions. Comparative Law Research, 5.
Mardani, N., & Razmkhah, A. (2013). Examining the Legal Dimensions of Intellectual Property Rights for Agricultural Plant Species from an International and Domestic Perspective. Mizan Publications.
Mashhadi, A., & Motashemi, M. (2012). Biodiversity and Intellectual Property. International Conference on Environmental Crises and Improvement Strategies.
McKibben, B. (2008). The End of Nature: The Genetic Engineering of Human Beings. Ketab-e Sobh Publications.
Rahnama, H. (2008). Bioethics and Genetically Modified Products. Journal of Ethics in Science and Technology(1 and 2).
Rezaei Nandali, M. (2004). The Legal System Governing Genetically Modified Agricultural Products in International and Domestic Law Shahid Beheshti University].
Safaei, S. H., & Rahimi, H. (2010). Civil Liability. Samt Publications.
Universal Declaration on Bioethics and Human Rights. (2005). http://www.unesco.org/new/en/social-and-humanscience/themes/bioethics/bioethics-and-human-rights
Zakarian, M. (2004). Key Concepts in International Human Rights Law. Mizan Publications.