The Interrelation Between Intellectual Property Rights And Human Rights

Anakha Praveen, B.A. LL.B. (Hons), National University of Advanced Legal Studies

INTRODUCTION

Human rights and intellectual property, two seemingly unrelated areas of law, are becoming increasingly intertwined. For decades, the two subjects were practically isolated from one another.

However, in recent years, international standard-setting initiatives have begun to chart previously undiscovered interconnections between intellectual property law and human rights law. The research examines whether there is a connection between human rights and intellectual property rights and, if so, whether there is a conflict or coexistence between the two.

The paper discusses how, in the past, Human Rights and Intellectual Property Rights were thought to be two separate branches of law, even though IPR is mentioned in some instruments, including Article 15 of the International Covenant on Economic, Social, and Cultural Rights1 and Article 27 of the Universal Declaration of Human Rights2. Then it explains how this relationship was formed using numerous tools and how it was established.

Human Rights and Intellectual Property Rights have developed independently. Human rights, on the one hand, are rights that are essential to human existence and are recognized by states, but they are also inherent rights to human existence.

On the other hand, intellectual property rights are legally recognized rights of creators and inventors that incentivize involvement in and contribution to technological growth.