Interface Between Intellectual Property Rights And Human Rights: A Legal Analysis
- IJLLR Journal
- Feb 11
- 2 min read
Trishla Dwivedi, Babasaheb Bhimrao Ambedkar University
ABSTRACT
The evolution of Intellectual Property Rights (IPR) and Human Rights signifies two powerful yet frequently intersecting and conflicting dimensions of contemporary legal systems. Intellectual Property Rights are designed to safeguard the moral and economic interests of creators, inventors, and innovators by granting exclusive rights over their creations and inventions. In contrast, Human Rights are aimed at guaranteeing every individual’s inherent dignity and access to essential resources, knowledge, culture, and technological advancements. The coexistence of these two domains raises critical questions regarding the right to health, education, and participation in cultural life, particularly when exclusive rights under IPR regimes restrict public access to life- saving drugs, educational materials, or digital innovations.
The report explores the socio-economic implications of enforcing IPRs in a developing country like India, where innovation must coexist with social justice and equitable access. It highlights the significance of the National IPR Policy (2016) and its emphasis on fostering creativity, innovation, and public interest while ensuring that intellectual property does not become an instrument of social exclusion.
Ultimately, this study concludes that while Intellectual Property Rights play a vital role in promoting innovation and economic development, their implementation must be aligned with human-rights-based principles to ensure inclusivity and fairness. The report underscores the necessity for a balanced legal framework that harmonizes proprietary rights with the collective welfare of society, thereby transforming IPR from a tool of privilege into an instrument of equitable growth and human development.
1. Introduction
The evolution of Intellectual Property Rights (IPR) and Human Rights reflects two fundamental yet contrasting philosophies in modern legal thought. Intellectual Property Rights are premised on the notion that creators and inventors should enjoy exclusive control over the use and distribution of their creations as a reward for their intellectual labour and as an incentive for innovation. On the other hand, Human Rights are rooted in the principle of universal equality and social justice ensuring that every individual has the right to live with dignity and to access essential goods and knowledge necessary for the development of human potential.
