Human Rights and Intellectual Property Rights

  • Gargi Lahiri
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  • Gargi Lahiri

    Ph. D. Student at the Department of Law, and University of Calcutta and State aided College Teacher, South Calcutta Law College, Kolkata, India

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Abstract

Human rights and intellectual property rights these two are independent disciplines. Human rights secure the fundamental freedoms, equal, inalienable rights and inherent dignity of human beings. Intellectual property rights are concerned about the protection of intellectual creativity. Considering the socio economic significance of the intellectual property rights human rights recognition of intellectual property rights is crucial. The relationship between human rights and intellectual property rights is dynamic. Human rights approach to intellectual property rights on the one hand acknowledges the moral and material interest of the creator and inventor and on the other hand secures the public right to access and enjoy the benefit of intellectual creation. The human rights acknowledgement of intellectual property rights protects the private interest as well as promotes the common good of society at large. This raises conflict between the private interest of intellectual property rights owner and the public interest. Under this context the present study attempts to resolve the conflict and examines whether human rights and intellectual property rights are complimentary to each other.

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International Journal of Law Management and Humanities, Volume 8, Issue 1, Page 1812 - 1828

DOI: https://doij.org/10.10000/IJLMH.119068

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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