Intellectual Property in the Context of Global Ethics

International Review, 2016

The intellectual creators are, with their creations, bringing comparative advantages to products, contributing to employment, strengthening the economic basis and in the best way representing the state. Intellectual Property, together with other intangible assets, in developed countries accounts for more than half of the total investment. In the modern world, we are completely surrounded by various categories of intellectual property that often exceed the value of the thing in which they are contained, but the problem is that we are either unaware of it, or are ignoring this fact. A particular problem is the economic potential of the country that prevents poor countries to adopt intellectual capital as an essential economic resource, and the lack of will to protect intellectual creators. In recent decades, because of that, has been opened dilemma whether to change the concept of intellectual property in the sense of intellectual creativity to be equally available both to developed countries and developing countries.

Qanun nəşriyyatı, 2023

For many years, it has not been recognized that the authors have rights on literary and artistic products, which are the product of human creative thought and whose history is as old as humanity. The first legal arrangements in this field were realized after the French Revolution. Also at that time, many theories explaining the nature of the author's right were put forward. Intellectual property in the broad sense is a meta-concept covering industrial rights and copyrights. The purpose of this article is to try to explain the narrow scope of intellectual property rights and moral rights regulated under the Law of the Republic of Azerbaijan "On Copyright and Related Rights". This Law grants the author various powers, including financial and moral rights. The exercise of these powers depends on the creation of an intellectual product that is recognized as a work by the Law. At this point, the most important element is that the work bears the characteristics of the author, and this is the most important element that constitutes the moral bond between the author and the work.

Human Rights Quarterly, 1999

Abstract “The relationship between Intellectual Property rights and Human rights has debated greatly . In this aspect two opposing views have been proposed . The first view maintains that Intellectual property law and human rights law are in fundamental conflict since the legal protection of individually held Intellectually property rights is considered to be incompatible with communally based human rights . In other words according to this view human rights are perceived as a countervailing force against intellectual Property rights. The second view holds that intellectual property rights law and human rights law are compatible since they pursue the same aim . In other words ,human rights law is seen as the fundamental of intellectual property law.”(Reference—Edward Elgard,C Intellectual Property and Human rights a paradox, Centre for Intellectual Property law edited by William Groeshide), My paper focuses on the relation between Intellectual Property rights and Human Rights . The paper focuses on the importance on the evaluation of Intellectual Property rights ,significance of the Paris and Berne Convention , Relevance of The Status of Anne Act 1710, TRIPS Agreement .The paper also focuses on the Relationship between Intellectual Property rights and traditional knowledge, relationship between Intellectual Property rights and the rights to health , relationship between Intellectual Property rights and the right to food ,relationship between Intellectual Property rights and Patent law and comparison and contract between Intellectual property rights and human rights.

The main question asked is whether IP and IP-laws can still, or no longer, be justified from a historic and global perspective. While answering this question we don’t just look at the contemporary ethical issues, but take historic developments as our basis and startingpoint. This because historic analysis can unearth not just the history of IP-law itself, but also — and especially relevant for our question — how it functions in the world as the times change, changing the ways and degrees to which these laws apply and function, similar to how not just modifications to a text, but also the further evolution of the language it is written in, can change its readings.

2014

The intellectual property protection represents a source of violation of fundamental rights and civil liberties, i.e. the right to protection of personal data, the right to privacy, freedom to send and receive information, freedom of information, freedom to contract and freedom to carry out economic activities (freedom of commerce). The best guideline is provided by the CJEU's and US Supreme Court's case law that are highly complex and nuanced, not denying in any way the importance of intellectual property. In this field we have no absolute but relative rights corresponding to a propter rem obligation of the owner of the intellectual creation's material support (i.e. electronic support), which cannot reproduce it without a breach of the author's patrimonial and moral rights, considering also that the intellectual creation, by its nature, cannot be appropriated by a person. This impossibility of appropriating a piece of work is not just a consequence of its intangibility, but it also derives from the relationship between the intellectual creations and society, universal patrimony and knowledge.

In Culture, Civilization and Human Society, UNESCO-EOLSS Joint Committee (eds.), in Encyclopedia of Life Support Systems (EOLSS), Developed under the Auspices of the UNESCO (Oxford, UK: EOLSS Publishers), pp. 1-33., 2012

In recent years, with the rising importance of Intellectual Property Rights (IPR), a great question is posed in front of us: Why should property interest and rights exist for an intangible item? This question poses a threat to the very existence of Intellectual Property rights and is a major challenge to the same. With this question rise two schools of thought: The first emphasizes on the importance of protecting the interests of creators and providing incentives for those with ideas in order to further increase innovation and advancement of human race as a whole, the latter focusing on those who believe in the free access of data, knowledge and believe that providing such privilege is detrimental to human society, as it promotes greed and negative competition. The Author in this Manuscript has made an attempt to evaluate the importance of intellectual property laws while highlighting the specific need for certain common intellectual property. It is important to reward those who innovate as they have put in labor, capital and time into creating the property in question. Therefore, it becomes the duty of the state to recognize the hard-work and provide certain privileges in this regard to such an individual. Protection of IPR ensure an endless loop of development and innovation as it maintains an influx of capital in the economy while promoting others to innovate and develop, further rewarding the people who have already done so. Keyword(s): Intellectual Property Rights, Intangible Property, Need for IPR, Protection of IPR, Innovation, Privileges.

2012

Shifts towards the commodification of intangible goods – apart from historical means of economic management based on industrial strategies and the creation and sale of physical goods – have made intellectual property rights critical to capitalist accumulation in an increasingly globalized informational economy. In mainstream policy discourses, intellectual policy rights are advanced as a means to provide incentives for creativity and innovation, and to secure economic rewards for investment in research and development while providing a socially optimal level of creative and technological goods. The broader cultural, political, and social implications of the increasing expansion and extension of intellectual property have attracted heightened attention and concern since the 1990s. A discussion of the historical justifications for intellectual property in Western legal traditions is followed by a consideration of how these laws increasingly shape conditions of culture and communication. We show how the trade-based expansion of intellectual property has reoriented the traditional balance between private property rights and public interests, further entrenching historic inequalities and providing new obstacles to the realization of development and human rights in the global South, while reinforcing the marginalization of non-Western states, peoples, and cultures. The impact of intellectual property on access to medicine, health care, education, agriculture, and the preservation of food security, and biodiversity, illustrates the dangers of expanding intellectual property rights without consideration of public interests or the desirability of securing basic public goods. Responses to these debates demonstrate the need for - and the emergence of – new coalitions of states, activists, and critics able to forge a new politics of intellectual property that better balances private and public rights while furthering human rights and sustainable development.

Zenodo (CERN European Organization for Nuclear Research), 2023

This research is to examine the Urgency of Protecting Intellectual Property Rights in the Era of Economic Globalization. This intellectual property right is the result of human thought or creativity which results in a creation in the fields of art, literature, science, and technology in it. Which has economic benefits. In the current era of globalization, the protection of intellectual property rights is very important, because the protection of Intellectual Property Rights is closely related to global trade at the international level. The problem that will be discussed in this study is How Is the Urgency of Protecting Intellectual Property Rights in the Era of Economic Globalization. The research method used is a normative research method with a statute approach and analyzed descriptively.