Intellectual Property Rights
CHAPTER 2: THE INTERPLAY BETWEEN INTELLECTUAL PROPERTY RIGHTS AND HUMAN RIGHTS
2.1 INTRODUCTION
The topics of intellectual property and human rights are increasingly becoming intertwined . This arises from several links that can be drawn from these two subjects of law. There are international treaties that contain clauses that spell out this relationship and it is thus important to study this coexistence so as to understand the few areas of conflict between these two subjects of law. This need for a balance between the two areas of law prompted the Committee on Economic Social and Cultural Rights to issue a General comment which highlighted the relationship between intellectual property and human rights. It is thus important to examine the
…show more content…
This provision essentially states that intellectual property owners should be granted exclusive rights to their inventions. The provision goes ahead to state that everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits . This brings in the aspect of benefit to the society, while protecting intellectual property. It provides for the balance between the owner’s interest and the greater benefit to the …show more content…
Article 15 of the ICESCR is one of those provisions that give life to the relevance of intellectual property and the need to balance it with societal interests so that it is not detrimental to human rights.
The recognition of intellectual property rights as a human right has also been an area of debate among scholars. These rights have however come to be recognised as non-fundamental human rights that can be interfered with to fulfill human rights obligations. Several states such as Kenya have included this right in their constitutions. Intellectual property rights can also be said to have made a contribution to the development of such human rights as freedom of speech through copyright.
The next chapter seeks to examine the areas of conflict between these two areas of
What Are The Pros And Cons Of Citizens United Vs The Fec
788 Words | 4 PagesIt says that ultimately, both individuals and corporations are protected by the First Amendment and that they are entitled to freedom of
Cyrus Research Paper
1310 Words | 6 PagesIn today's world, human rights still face many challenges and problems. There are still political systems and behaviors in the world that do not respect human rights, such as dictatorial regimes, racial discrimination, gender discrimination, poverty, hunger, and other issues. In addition, new technology and globalization trends have brought new challenges to human rights protection, such as privacy protection, digital rights, and other
Pros And Cons Of The First Amendment
1203 Words | 5 PagesThis case clashes with freedom of speech, but it is also about freedom to
Annotated Bibliography On Overcriminalizing Speech
1204 Words | 5 PagesThe article starts by defining intellectual freedom; it also establishes that American libraries are very efficient, and are a prime source for Americans to find information. It then furthers its purpose through establishing to the reader the link between Intellectual Freedom (IF) and Freedom of Speech. The source then gives a basic layout of its argument to the reader in the form of a chart. This helps the reader follow the author’s argument. The first theory that is discussed is the marketplace of ideas theory which states that ideas should be like products and compete with one another until eventually the dominant/best idea wins.
James Barber's The Presidential Character: Predicting Performance In The White House
1558 Words | 7 PagesNevertheless, I assembled this critique by analyzing
Summary Of Chapter 5 The Constitution For Business Managers
1012 Words | 5 PagesThe ultimate goal of this provision is to protect people’s rights to privacy and freedom from arbitrary governmental intrusions. As a public character, the influence of the president is far from imagination. The words of plaintiff and the judgment of the court would greatly affect the president’s reputation, efficiency, etc. It refers to the privacy. Even though these deeds are not against the law, it drags on the appearance of media, which could harm president’s daily life.
The Holocaust Analysis: Analysis Of The Pianist
1129 Words | 5 PagesThe Universal Declaration of Human Rights is the foundation
Bryan Turner's Theory Of Human Rights
1217 Words | 5 PagesIn short, Waters says that specific rights will be granted dependent on specific historical conditions. According to Waters, human rights are a product of particular balances of political interests. He emphasises the distinct difference between human rights discourse and human rights institutions. Human rights were made to benefit the bourgeois class, in his opinion. Since Waters viewed human rights claims and institutions as being “unique”, he believes that it is impossible to explain the point of origin.
Essay On Human Rights Failure
1036 Words | 5 PagesIntroduction In this article, Eric Poser has elaborated several reasons which made human rights a failure in international legal regime. The most highlighted issues are hypocrite policies of US and EU which has directly questioned credibility and integrity of their law and justice. The second reason is role played by Russia and China, the two major economic powers who in order to sustain their power, are involved in human rights violations. The third most important reason is standardized model of Universal Declaration of Human Rights which is ideal but not practical in various countries.
Pros And Cons Of Globalization And Technology
2235 Words | 9 PagesGLOBALIZATION, TECHNOLOGY AND LAW Globalization and Technology Globalization has completely transformed the way in which the world and its people interact. Earlier there were several roadblocks in the ability to communicate and interact with the people worldwide. But now, the world is becoming more and more globalized in all spheres: Business, financial, social, economical, etc. Over the years, a lot of technological advancements have come into picture including the changes in the field of Information Technology, having a significant impact on the global landscape.
Relationship Between Human Rights And Environmental Protection
1758 Words | 8 PagesThe environment as a pre-requisite for the enjoyment of human rights; (ii).
Advantages Of Freedom Of Speech
2363 Words | 10 Pages1.0 INTRODUCTION In the Universal Declaration of Human Rights (UDHR), freedom of speech falls under the Article 19 which is the freedom of opinion and expression. It protects one’s freedom ‘to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers’ (The United Nations, 1948). Article 19(2) of the International Covenant on Civil and Political Rights (ICCPR) adds that the freedom of expression could be ‘either orally, in writing or in print, in the form of art, or through any other media of his choice’. Besides being an individual’s fundamental liberty of expression, Santa Clara University School of Law Professor Russell W. Galloway (1991) states that free speech is the ‘matrix of all other freedoms’.
More about Intellectual Property Rights
Summary Of Chapter 11 Of Mind Tap Political Science
622 Words | 3 PagesWhat Are The Pros And Cons Of Citizens United Vs The Fec
788 Words | 4 PagesCyrus Research Paper
1310 Words | 6 PagesA Jury Of Her Peers Essay
679 Words | 3 PagesPros And Cons Of The First Amendment
1203 Words | 5 PagesThe Political Context Of Roe V. Wade
2862 Words | 12 PagesAnnotated Bibliography On Overcriminalizing Speech
1204 Words | 5 PagesJames Barber's The Presidential Character: Predicting Performance In The White House
1558 Words | 7 PagesSummary Of Chapter 5 The Constitution For Business Managers
1012 Words | 5 PagesThe Holocaust Analysis: Analysis Of The Pianist
1129 Words | 5 PagesBryan Turner's Theory Of Human Rights
1217 Words | 5 PagesEssay On Human Rights Failure
1036 Words | 5 PagesPros And Cons Of Globalization And Technology
2235 Words | 9 PagesRelationship Between Human Rights And Environmental Protection
1758 Words | 8 PagesAdvantages Of Freedom Of Speech
2363 Words | 10 Pages