Intellectual Property and Human Security

2013

This chap ter pro vides a brief over view of the inter na tional intel lec tual prop erty regime. This regime encom passes, copy right and related rights, pat ents, util ity mod els, trade secrets (con fi den tial infor ma tion), trade marks, geo graph i cal indi ca tions, indus trial designs, and sui gene ris sys tems, such as inte grated com puter cir cuits, plant vari e ties, dat abases and tra di tional knowl edge, and tra di tional cul tural expres sions. Their essen tial char ac ter is tics are out lined below. 3.1 The Inter na tional IPR Regime This chap ter exam ines briefly the core inter na tional intel lec tual prop erty laws that are the sub ject of this book and pays par tic u lar atten tion to how they mea sure up from the per spec tives of human secu rity. We shall briefly outline, in turn, copy right, related rights, pat ents, util ity mod els, trade marks, indus trial designs, and trade secrets. Sui gene ris sys tems for plant vari e ties and tra di tional knowl edge are treated there af ter. Gen er ally speak ing, IP refers to cre ations of the mind. 1 The Con ven tion Estab lish ing the WIPO, con cluded in Stock holm on 14 July 1967 (Arti cle 2(viii)) pro vides that

Abstract (en): The intersection of intellectual property and human rights is a relatively new site in the search for balance in intellectual property law and policy. Although this intersection opens up intellectual property to a unique kind of interdisciplinary analysis, only the human rights system appears to have seized the opportunity, while its intellectual property rights counterpart remains reluctant to engage. There are, so far, different competing first impressions over the nature of the intersection between intellectual property and human rights. Despite empirical credence of the conflict narrative, the coexistence or complementary thesis of the intellectual property and human rights interface has greater prospects for a meaningful and balanced rapprochement between the two. This chapter argues for a critical scrutiny of the human rights appeal of intellectual property rights in order to avoid its potential for being hijacked by stronger stakeholders at the expense of their weaker opponents for whom intellectual property rights have strong paradoxical ramifications.

2012

Mapping the Global Interface Th is book analyzes the interface between intellectual property and human rights law and policy. Th e relationship between these two fi elds has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic venues. Th ese actors oft en raise human rights arguments as counterweights to the expansion of intellectual property in areas including freedom of expression, public health, education, privacy, agriculture, and the rights of indigenous peoples. At the same time, creators and owners of intellectual property are asserting a human rights justifi cation for the expansion of legal protections. Th is book explores the legal, institutional, and political implications of these competing claims in three ways: (1) by off ering a framework for exploring the connections and divergences between these subjects; (2) by identifying the pathways along which jurisprudence, policy, and political discourse are likely to evolve; and (3) by serving as a teaching and learning resource for scholars, activists, and students.

2020

Human rights and intellectual property, two forms of law that were once enemies, are gradually becoming familiar bedfellows. The two subjects have been working together in virtual isolation for decades. However, in recent years , international norm-setting efforts have begun to map previously unexplored ties between, on the one hand, intellectual property law and human rights. Two regimes have grown rapidly: human rights and intellectual property rights. On one hand,, the rise of major multinational companies has led to a greater and tighter framework for the protection of intellectual property. Human rights, have acquired primacy in both cultural and legislative debates on the other hand. Developing countries have suggested that intellectual property rights as well as human rights frequently clash, particularly in the enforcement of their international TRIPS obligations. Nevertheless, developed nations are being pushed to provide greater security to intellectual property. The voice...

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.

International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, 2024

This study is premised on the increasing relevance of intellectual property rights and the concomitant growth of intellectual property law. This trend is likely to continue and intellectual property rights will be increasingly affected by armed conflict and other situations of violence, despite the assumption that certain intellectual creations are not intended to be used in such situations. It is important to protect these rights so that they are not lost through disregard or ignorance during times of war. On the other hand, there may be circumstances in which it is in the interest of humanity that intellectual property rights be limited or overridden to facilitate the flow of information or to ensure that necessary products are available at affordable prices. To strike an appropriate balance it is important to understand the relations between intellectual property rights and international humanitarian law from both protective and derogatory viewpoints. Furthermore, the application of intellectual property rights has the potential to both alleviate or aggravate a conflict situation or the suffering of victims, and understanding how this can be either avoided or encouraged is crucial.

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.

Journal of Human Development, 2001