HUMAN RIGHTS AND INTELLECTUAL PROPERTY

Abstract

Intellectual property rights have in recent years become increasingly relevant in diverse policy areas, including trade, culture and heritage, investment, environment, and scientific and technological development. In this context, it is undisputed that the appropriate intellectual property protection can contribute to economic, social and cultural progress. However, the role of intellectual property raises questions that are complex, rapidly evolving, and often very controversial. This especially if we take into account the fact that the protection of intellectual property should be balanced between two conflicting freedoms (the rights holders’ and the society). It, therefore, is interesting to note, that the protection of intellectual property rights is embraced even in the Universal Declaration of Human Rights (UDHR). Article 27 (2) of UDHR explicitly recognizes that “Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author”. However, according to the author of this paper, this is only a starting point of assessment if intellectual property rights are per se fundamental human rights. Particularly if we take into consideration the “paradox of property” which is rarely considered to be forming part of the order public and thus be considered as a right of fundamental interest for the society. This paper will aim to tackle the main concerns of considering intellectual property rights as human rights, providing some theoretical debate on this point and also practical case law analysis of the problem