The Interplay between Intellectual Property Rights, Reproductive Rights and ADR as a Dispute Settlement Window

Abstract

The intersection between Intellectual Property Rights (herein as I.P.R), Alternative Dispute Resolution (herein as A.D.R) and Reproductive rights and technologies (herein as R.R.T.) play a very essential role in the contemporary law and society. The authors emphasise the significance of three distinct domains together to understand their relevance which enhanced their own importance when merged together. As there is no much of available jurisprudence of this subject matter but when the authors explored it convergence in current context it found much of its relevance as the I.P.R is a very broad area where geographic rights, brainly rights are given for the protection when connected to the reproductive rights like abortion, surrogacy and various technological advancements such as in-vitro fertilization (I.V.F.) to treat the infertility as there are many herbal treatments available which isn’t geographically indicated yet neither patented. The authors asserts that the technological advancement for treating the infertility should be protected by copyrighted, a consideration frequently overlooked following the collapse of commercial surrogacy due to the enactment of new legislation forbids it. These technological advancements, drugs, herbal medicines for fertility treatments will be a need of an hour and to address such issue and there must be single window dispute resolutions for the Indian citizens either in the form of courts or through alternative means of dispute resolution mechanism. However, the authors examine how arbitration can function as an impartial forum for resolving disputes in this unique domain, while reconciling the private interests of innovators with the essential human rights related to reproductive autonomy and access.