INTELLECTUAL PROPERTY RIGHTS AS HUMAN RIGHTS
This article explores the intricate relationship between Intellectual Property Rights (IPR) law and Human Rights law, delving into their historical isolation and the evolving interdependence between the two domains. Intellectual Property Rights, essential for safeguarding creators' investments, are examined alongside the inalienable Human Rights that form the cornerstone of a just society. The differences between viewing intellectual property as a business asset and as a human right with ethical implications are discussed, emphasizing the complexity of this relationship. The article further explores the overlap of Intellectual Property Rights and Human Rights Law, citing international documents like the Universal Declaration of Human Rights (UDHR) that recognize the significance of protecting creators. The conclusion reflects on the challenges of striking a balance between safeguarding creators' interests and ensuring equitable access to intellectual creations for the collective well-b
Introduction
The domain of Intellectual Property Rights (IPR) law has been a topic of intense debate, particularly concerning its relationship with Human Rights law. While some argue that IPR law can potentially infringe on these fundamental rights, others contend that these two areas of law can exist in a mutually beneficial manner. Historically, both domains have been developed in relative isolation from each other, with no significant overlap. However, with time, it has become increasingly evident that there is a complex interdependence between IPR law and Human Rights law. As a result, these two domains are now closely intertwined, and their relationship is more intricate than ever before.
What is Intellectual Property Rights?
Intellectual Property Rights (IPR) are an essential tool that enables inventors and creators to safeguard their investment, time, money, and effort in their innovations and creations. These exclusive rights provide creators with a certain period of time to use their invention or creation without any external interference. The presence of IPR encourages healthy competition, promotes industrial growth, and, ultimately, leads to the economic development of a country.
The concept of IPR aims to balance the economic and ethical rights of artists and inventors with the broader interests and desires of society. It is a set of rights awarded to individuals over their creations, including inventions, literary and artistic works, and symbols, names, and images used in commerce. These rights give creators control over the use of their creations for a specific time, allowing them to reap the benefits of their hard work and innovation.
WHAT ARE HUMAN RIGHTS?
Human rights are the basic and inalienable rights that every individual is entitled to by virtue of being a human being. They are the cornerstone of a just and equitable society, and are essential for the overall development and well-being of individuals. These rights are protected by the Constitution of India, which provides for fundamental rights for its citizens as well as for non-citizens. The protection of these rights is of paramount importance as they are closely linked to the dignity of the individual and the promotion of human community. The United Nations Human Rights Council (UNHRC) recognizes the right to life, liberty, equality, and dignity as fundamental human rights. The Universal Declaration of Human Rights (UDHR), which was adopted by the UN General Assembly in 1948, was the first international legal document to establish the fundamental human rights that are universally protected. Even after 72 years, it remains the bedrock of all international human rights law and continues to play a crucial role in safeguarding the rights of individuals around the world.
DIFFERENCE BETWEEN INTELLECTUAL PROPERTY RIGHTS AND HUMAN RIGHTS
The Universal Covenant on Economic, Social, and Cultural Rights is monitored by an international organization, which has expressed a lack of interest in interpreting intellectual property as a human right. Intellectual property lawyers, on the other hand, are typically more concerned with the commercial aspect of intellectual property than with ethical and moral considerations. However, the current author believes that there is a fundamental difference between viewing intellectual property as a business asset and viewing it as a human right with ethical implications.
When viewed from an economic perspective, intellectual property emphasizes individualism by compensating an individual for their own effort, guaranteeing the recovery of their costs, or recognizing their production as an extension of their personality. Conversely, when viewed through the lens of human rights, authors, creators, and inventors are recognized as people, groups, or communities, and intellectual products are valued for their intrinsic worth as expressions of human dignity and creativity.
The human rights system differs fundamentally from utilitarian arguments, which may enhance their claims by promoting social ideals. In contrast, human rights logic does not reduce the value of a product to its price or utility. Instead, it places a primary focus on the protection of human dignity and the promotion of the common good, taking into account not only the interests of the creators and artists, but also those of society as a whole. Some scholars argue that the economic factor may reduce intellectual property rights to the owner's benefit, but this analysis may be oversimplified and reductive. Utilitarian reasoning, in fact, centres on promoting the general public benefit, rather than on solely benefitting the individual author as an independent entity entitled to a right.
THE OVERLAP OF THE INTELLECTUAL PROPERTY RIGHTS AND THE HUMAN RIGHTS LAW
Over the past few years, the relationship between Human Rights Law and Intellectual Property Law has become increasingly intertwined. Intellectual Property Rights, which were once seen as a separate legal framework, have now become an integral part of the Human Rights framework. This has been reflected in international documents such as the Universal Declaration of Human Rights (UDHR) and the United Nations Declaration for the Rights of Indigenous People (UNDRIP), both of which recognize the importance of Intellectual Property Rights on a global scale.
The UDHR is a significant international document that outlines the Human Rights regime. It effectively acknowledges the importance of Intellectual Property Rights by recognizing them as a fundamental aspect of human creativity and innovation. Although the UDHR does not explicitly mention Intellectual Property, Article 27 (2) of the UDHR acknowledges that everyone has the right to protection of their moral and material interests resulting from their scientific, literary, or artistic creations. This includes the right to control the use and distribution of their creations, as well as the right to receive fair compensation for their efforts.
In essence, the integration of Intellectual Property Rights into the Human Rights framework has helped to ensure that creators are protected and valued for their contributions to society. By recognizing the importance of Intellectual Property Rights, these international documents have helped to promote innovation, creativity, and cultural diversity on a global scale.
Conclusion
The relationship between Intellectual Property Rights (IPR) and Human Rights law is complex and evolving. IPR plays a crucial role in fostering innovation, creativity, and economic growth, but critics argue that an overemphasis on IPR may lead to restricted access to essential goods. Striking a balance between protecting creators' interests and ensuring equitable access to the benefits of intellectual creations remains a challenge. Moving forward, it is essential to navigate this intricate relationship thoughtfully to promote individual creativity and the collective well-being of society.
