Conflict and Coexistence of Human Rights: An Exploratory Study with Reference to Intellectual Property Rights

Title

Conflict and Coexistence of Human Rights: An Exploratory Study with Reference to Intellectual Property Rights

Creator

Pandey A.; Mishra A.

Description

Human rights and Intellectual Property Rights (IPRs) have developed independently. Human rights are inalienable rights associated with human dignity while IPRs are the rights with the goal of promoting innovations and the interests of select communities to further economic and technological growth. The economic and personal interests of the individual have received prime attention under the international intellectual property law. Economic growth is given priority over human rights in the international criteria for IPRs in global trade. Whereas, it has a significant impact on the implementation of human rights for both individuals and communities, including the rights to adequate food, health, environment, and education. IPRs are gravely at odds with human rights, even though a connection between the two rights can be found in General Comment No. 17 on Article 15(1)(c) of the International Covenant on Economic, Social, and Cultural Rights (ICESCR) and Article 27 of the Universal Declaration of Human Rights (UDHR). According to the UDHR, intellectual property is a human right in and of itself, but its enforcement often infringes other human rights. In light of the above perspective, the authors explore the interrelationship between IPRs and human rights and also analyze the evolving IPRs, in different fields of its application, causing adversarial impacts on several other human rights. The Author(s), under exclusive licence to Springer Nature Switzerland AG 2025.

Source

Journal of Human Rights and Social Work

Date

2025-01-01

Publisher

Springer Science and Business Media B.V.

Subject

Coexistence; Conflict; Cultural rights; Economic growth; Food security; Health; Right to food; Traditional knowledge

Coverage

Pandey A., School of Law, Christ University, Karnataka, Bangalore, India; Mishra A., School of Law, Christ University, Karnataka, Bangalore, India

Rights

Restricted Access

Relation

ISSN: 23651792

Format

Online

Language

English

Type

Article

Identifier

https://doi.org/10.1007/s41134-024-00361-9

https://www.scopus.com/inward/record.uri?eid=2-s2.0-85214018282&doi=10.1007%2fs41134-024-00361-9&partnerID=40&md5=e0adb5085f7c9e461c32c910b40d3d12