Intellectual property rights and human rights - A study on its inter-relationship

Abstract

Human rights and intellectual property, two subjects of law that were once strangers, are now becoming increasingly close. These two subjects have developed in virtual isolation from each other. But in the last few years, international standard setting activities have begun to map previously uncharted intersections between intellectual property laws on the one hand and human rights law on the other. This paper explores into the question whether there is a relationship between Human Rights and Intellectual Property Right and if there is a relationship whether there is a conflict or coexistence between the two.

                This paper revels about how historically both Human Rights and Intellectual Property Rights were considered two different isolated branches of law though IPR being mentioned under various instruments including under Article 15 of International Covenant on Economic, Social and Cultural Rights and Article 27 of the Universal Declaration of Human Rights .Further it talks how this relationship was developed with the help of various instruments and realizing the relationship between the same. It also delves with the vague relationship between IPR and Indian Constitution. 

                Further concluding this paper, the researcher mentions about the relationship of IPR between human rights of Right to Education. It also talks about relationship between Medical Patents and Right to Health. Relationship of Human Rights and IPR have to be re-examined because of various impacts of human rights and IPR such as the right to health have become much more visible following the adoption of the TRIPS Agreement.