INTELLECTUAL PROPERTY AND HUMAN RIGHTS: EVIDENCES OF DISSONANCE

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INTELLECTUAL PROPERTY AND HUMAN RIGHTS: EVIDENCES OF DISSONANCE

Journal Title: Економічна теорія та право - Year 2015, Vol 4, Issue 23

Abstract

Problem setting. Nowadays, the research concerned with directions of reformation of a system for reservation and protection of intellectual property rights (RPIPR) in the con- text of its harmonization with human rights are of considerable importance. Recent research and publications analysis. Issues of reconsideration of intellectual property rights from the standpoint of providing human rights were researched in scien- tific papers of L. Lessig, A. Vorozhevych, K. Afanasieva, o. Kashyntseva, M. Boldrin, K. Lewin, V. Valle, who comprehensively considered disadvantages of a current system for SPIPR. Paper objective. The paper objectives are the following: indication and systematiza- tion of evidences of dissonance related to intellectual property rights and human rights; substantiation of topicality and expediency of the reformation of the SPIPR system from the standpoint of priority of a principle of adherence to human rights. Paper main body. Globalization and its constituent processes have caused contradic- tions between human rights and intellectual property rights. Natural human rights have appeared to be secondary with respect to intellectual property rights. The evidences of dissonance of intellectual property rights and human rights within a patent system emerge in fields of health protection (pharmacy) and food production (agriculture). A patent for medicine enables an owner to prohibit import and production of medicines, which use an invention protected by the patent. Unification of minimal standards of RPIPR within the WTo (the Agreement on Trade-Related Aspects of Intellectual Property Rights) nega- tively influences accessibility of medicines in less developed countries. In a case of ap- plication of mechanisms of obligatory licensing or parallel import by developing countries, developed countries can provide sanctions. Intellectual property rights for plant kinds re- strict opportunities of performing the agriculture activity. Consequences of such restrictions are violation of rights to access to food goods and plant kinds, transferring technologies, and denying local communities the opportunity to control traditional knowledge and cul- tural values. Contradictions with human rights in the process of functioning of systems of copyright and related rights are the most noticeable in the following areas: a right to receiv- ing and dissemination of information; a right to privacy of correspondence; a right to access to cultural heritage; a right to freedom of speech. Conclusions of the research. Realization of economic, cultural, and social human rights under conditions of globalization more usually comes into conflict with the system of intellectual property rights. The reformation of the RPIPR system should be carried out in the direction of harmonization of intellectual property rights with human rights from the standpoint of the latter. Short Abstract for an article Abstract. The author has formulated an issue of violation of a principle of adherence to the basic human rights as a primary principle in the process of building a system for reservation and protection of intellectual property rights (RPIPR) under conditions of globalization. The article researches the evidences of dissonance between intellectual property rights and human rights (rights to life, health, access to information, cultural heritage, and freedom of speech, etc.). The author has substantiated a conclusion on topi- cality of the reformation of the current RPIPR system from the standpoint of priority of human rights. Directions of solution of conflict situations are proposed.

Authors and Affiliations

Олена Миколаївна Левковець

Keywords

EP ID EP221575
DOI -
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