Intellectual Property Rights
(IPR) and human rights are two laws that never infringed on the domains
of each other before the 90s. In the beginning, they grew separately
and hardly interrupted one another. However, later, it has been found
that they are interrelated in several ways. One, human rights and IPRs
can conflict with each other. Second, these two laws may co-exist with
one another. Such factors usually raise a concerning confusion whether
IP and their rights are compatible with human rights or harmful to them.
IPRs and Human Rights Complement Each Other
IP
rights of authors and creators should not restrict the cultural
participation and scientific access, rather expedite them. Since IPRs
try to create a balance between incentives on one side and access on
another, the human rights and IPRs in this sense are compatible with
each other. Assuredly, we can view the compatibility between these two
laws by balancing positions and interests.
IPRs and Human Rights are Different
By
turning the pages of the past of these two laws, we can conclude that
IP rights were not a priority for human rights professionals and
vice-versa. Moreover, IPRs professionals were and are focused on
broadening the scope of IP protection by incentivizing and rewarding the
innovative activity, while human rights experts focus on the
establishment of norms that can prevent human rights abuses. As the IP’s
economic aspect emphasizes rewarding individuals for their efforts,
protecting their products, and considering inventions as extensions of
their personalities, it promotes individualism.
In contrast, human
rights are different and ensure that not only an individual rather
large groups or communities can also be the authors or inventors. This
law recognizes the value of IP products as an expression of human
creativity and dignity and thus, mainly considers the protection of
these expressions and common goods. That’s why it focuses on the
interest of the entire society instead of only the individuals. On the
contrary, IPRs stay limited only to the titular’s interests.
IPRs and Human Rights are Conflicting
Researchers
often delay the publication of their inventions to defend their IP. It
means IPRs in the scientific domain lead to more privatization and
lessening of scientific publications, thus acting as a barrier in
scientific progress. The continuously growing range of such people who
want to protect their intellectual property in this way can result in a
threatening situation where everyone obstructs the other, thus
ultimately leading to reduced innovations.
Not only this, but IPRs
are obstacles to another human right, i.e., right to health also. For
instance, taking undue advantage of Intellectual Property Protection,
the patent owners usually set their costs much higher than generics. Due
to this, many people turn unable to access useful and apt medicine.
Finally,
we can see that IPRs usually put negative impacts on the essence of
human rights. Besides, the administrators who are responsible for the
deliverance of IPRs often found neglecting their duty in the perspective
of morality. These officials estimate that taking moral and ethical
preoccupations into consideration are neither useful nor imperative,
despite that these preoccupations are lifelines of human rights.
Conflict Resolution
Are
you looking for ways to resolve the conflict between human rights and
IPRs? Well, the appropriate solution will be the result of many efforts.
Firstly, human rights authorities must create some specific
interpretations of cultural, economic, and social aspects so that they
can work with policies of the TRIPs agreement. Secondly, all
administrators, whether IPRs or others, should focus on the human rights
perspective that demands to keep both the owners as well as consumers
of IP products at an equal level. Thirdly, the government must consider
imposing maximum standards for Intellectual Property Protection
instead of just supporting minimum standards. Last but not the least,
the international forums, such as the World Trade Organisation (WTO),
and the World Intellectual Property Organisation (WIPO) should analyze
the new laws and doctrines with human rights viewpoint. It is the only
approach by which human rights and IP Rights will co-exist with each
other. For view source: https://www.trademarkmaldives.com/blog/iprs-and-human-rights-an-arduous-relationship/
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