The Human Rights and also the intellectual property Rights are the 2 domains of Law that have evolved severally. Intellectual property Rights incorporates statutorily recognized Rights, providing incentives for the participation of the non-public sector in varied fields and request to contribute to technological development. On the opposite hand, Human Rights are the fundamental Rights that are recognized by the State, and are inherent Rights connected to human dignity.
The globalization of the intellectual property Rights triggered the controversy on the connection between the Human Rights and the intellectual property Rights, as a result of several developing countries, significantly the smallest amount developed countries, aren’t in a position to implement the journeys standards in their jurisdiction without any compromising their development at the price of Human Rights.
The native communities state that the govt. should acknowledge their claim over their cognitive content matter that is expounded to the agriculture, biodiversity, etc. according to the intellectual property Rights regime, the standard information is taken into account to be a part of the general public domain, since it doesn’t meet the established criteria for defense or personal ownership. Since this cognitive content is unowned, varied private enterprises utilize this information for more inventions, and thenceforth shield their inventions by means that of patents, copyrights, etc. and the native communities are deprived of their Lawful share.
Thus, the present flaw within the intellectual property Rights regime results in the exploitation of the native communities by varied enterprises, that ends up in the violation of the Human Rights of the native communities. During this respect, intellectual property Rights Law infringes on the domain of Human Rights Law. The govt. should enact Legislations, wherever the native communities will obtain damages for unauthorized usage of their cognitive content. The govt. may also shield the standard information by denying patents, copyrights, etc. for the objects that are derived from the standard information.
The main justification that is given in support of intellectual property Rights is declared to be that these incentives and rewards to inventors and the creators’ leads to the advantages for the society.
The correlation between the Human Rights and the intellectual property is intriguing, as a result of it transcends totally different levels and aspects of every of the Legal fields severally. However, it looks like that the connection between the 2 is in the beginning because of the very fact that intellectual property Rights obligatory limitations on the accessibility and realization of Human Rights by broadening its scope of protection.