Registration of Plant Varieties and Food Health in Light of Bioethics and Public Law

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Esmaeilzadeh Mohammad; Babayee Mehr Ali; Ghasemi Davood

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: ENCYCLOPEDIA OF COMPARATIVE JURISPRUDENCE AND LAW Year:2023 | Volume:1 | Issue:4 Page(s): 17-36

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Information Journal Paper

Title

Registration of Plant Varieties and Food Health in Light of Bioethics and Public Law

Author(s)

Esmaeilzadeh Mohammad | Babayee Mehr Ali | Ghasemi Davood | Issue Writer Certificate

Keywords

Plant variety registration

food health

public law

Iranian law

international instruments.

Abstract

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.

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