Interface between IPR and Human Rights: A Study with Reference to International Law

Abstract

This research work aims to establish a link between IPR and human rights in the national and international perspectives. Furthermore, lack of implementation of legislations at the national level is one of the greatest setbacks in the history of human rights protection. Basically, the value of human rights is largely tested by it’s implementation. The earlier form of Industrial property underwent transformation after the Paris Convention to be nomenclature as Intellectual property. IPRs, such as patents, plant variety protection, copyrights, and trademarks, are exclusive monopoly rights over a creation that the society provides to the inventor for a period of time. While such monopoly protection obviously restricts the dissemination of knowledge, it is supposed to be counterbalanced by the incentive that it provides to innovate. Intrinsic, natural, interrelated, indivisible, inalienable, basic, instrumental and inherent rights are ought to be protected if required, for maintaining peace in the society. Imperialism, colonialism and inequalities among the states were some reasons of concern for the development of human rights.