Abstract

Can the exclusive privileges of intellectual property coexist with the expansive promises of human rights, or will they be in constant conflict? The paper explores the subtly controversial overlap or boundary between Intellectual Property rights (IPRs) and Human rights. These two previously accepted spheres are now showing considerable overlap in the globalized, knowledge-based economy. Although IPRs are meant to promote innovation and safeguard the interests of the creators, they sometimes result in hindering access to necessary items like life-saving drugs, educational materials, and cultural assets which are the fundamental things that are safeguarded by the human rights regime, including the Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). This paper sheds light on real-world legal struggles and policy controversies through the exploration of various important conflicts, such as those between pharmaceutical patents and the right to health, copyright limitations and freedom of expression, as well as biopiracy and indigenous rights. Notably, the study also covers mechanisms of harmony: TRIPS flexibilities, fair use doctrines, compulsory licensing, and participatory policymaking show how reconciliation between these spheres might work. India, South Africa, and the international access-to-medicines movement case studies highlight the way courts, civil society, and international institutions manoeuvre around these tensions. Furthermore, this paper presents the debate on a balanced and human rights-centered approach to the governance of intellectual property, advocating for the creation of flexible legal systems that favor both innovation and the interests of the people, thereby promoting inclusive and equitable global growth.

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