Thursday, September 26, 2019


INTERNATIONAL INTELLECTUAL PROPERTY LAW Assignment - Essay Example While on the other hand, the idea of human rights has emerged from the need for universal respect of human beings freedom, dignity and equality. It has evolved over the period to support for individual from oppression and provide an equal chance to develop their potential to take advantage of different opportunities (Donnelly, 1989). Human Rights and Intellectual Property rights (IPR) have gained widespread discussion during the last two decades. Various stakeholders who have vested interests have furiously argued for their rights. The goals of the proponents of both the parties are somehow inversely related. Stereotypical views have been formed both about human and intellectual property rights. The advocates of human rights assert that the only way to achieve the goals of access to food, health and education is through eliminating most of the intellectual property rights (Lutheran World Federation, 2000). While on the other hand, a mindset has been developed that promotes that by on ly expanding the intellectual property rights, we can provide incentives for innovation which will address the concerns of fundamental human rights (Weissbrodt & Schoff, 2008). The relationship between human rights and intellectual property rights can be analyzed from two aspects. ... Therefore, this relationship can only be analyzed if we have a thorough understanding of the scope of both the rights. The existing human rights do not categorically refer to the intellectual property rights; however, there are certain provisions within the human right treaties which can be considered to be relevant to intellectual property rights. Universal Declaration of Human Rights (UDHR) which was adopted in 1948 has certain provisions which are important points to be considered. The Article 27.2 states that â€Å"Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author† (United Nations, 2007). Similarly, the right to property is also stressed in the Article 17 of UDHR which states that everyone has the right to own property and no one shall be deprived of his property. In addition to that, the International Covenant on Social, Economic and Cultural Rights (ICSECR) established in 1966 is also one of the vital tool through which we can assess the relationship between Intellectual Property & Economic Rights. International rights although increase the scope of relationship between these two rights but there are some regional human rights which contains clauses pertaining to property rights. The Article 21.1 of American Convention on Human Rights of 1969 states that everyone is entitled to the right to use and enjoyment of his property but it further enforces that â€Å"The law may subordinate such use and enjoyment to the interest of society† (Sinjela, 2007). Similarly, the African Charter on Human Rights which was adopted in 1981 also enforces that â€Å"The right to the property shall be

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