Navigating The Interface Between Intellectual Property And Human Rights

Nishimoni Saikia, LLM, Gujarat National Law University

1. INTRODUCTION

The area of interface between IPR and HR is amongst growing importance in the modern world landscape. Even though IPR and HR frameworks pursue the aim of social welfare, they do so via different, sometimes conflicting paths. Individual ownership has played a significant role in IP regimes where exclusive rights for creators serve as incentives for innovation and creativity. On the other hand, the human rights framework emphasizes the requirement for universal access to the basic goods and services with which, in the process of its implementation, sometimes come into conflict with IPR like access to healthcare, education, and participation in culture .

Most of this conflict between the two frameworks shows up in discussions over access to pharmaceuticals, educational tools, and technology. For instance, the TRIPS Agreement has been criticized as one that imperils patent protections that undermine the "right to health" through its limitation of access to affordably priced medicines. Similarly, copyright laws have an essential role in making the occurrence of creative expression an existence that can deny public access to knowledge about matters of collective value and prejudice the right to education and participation in cultural life.

This paper seeks to explore the theoretical underpinnings and practical implications of IPR and its interface with HR. It looks into the central areas of overlap and clash and further celebrates the importance of state intervention in the balancing process of the two approaches such that intellectual property protection does not strip of its essence the very ideas it tries to protect. The study will, therefore, make a comparative analysis that depicts how IPR intrinsically is individualistic and negative rights compared to the collective and positive character of human rights. Therefore, it aims to be able to present recommendations toward harmonizing IPR and HR toward a fairer balance between innovation and access.