The Impact Of Intellectual Property Rights On The Enjoyment of Certain Human Rights And Freedoms
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Date
2017
Journal Title
Journal ISSN
Volume Title
Publisher
LAW JOURNAL N.U.L.J.
Abstract
Intellectual property rights are an important class of rights which help to secure some form of reward for the owners of the ideas giving rise to such rights. However, as important as those rights for the purpose of adequate compensation and encouragement of creative minds, they often give rise to certain legal concerns in the area of human rights. These issues arise because of the nature of rights which exist to exclude non-owners from appropriating the value attached to a property. If the right to exclude others granted to the right holder is too far-reaching, then it encroaches on certain rights of other individuals and groups. Thus, there is always a need to create a balance between the need for the protection of intellectual property and that to ensure the preservation of certain fundamental societal norms. The existence of other rights which must be balanced against intellectual property rights are largely based on the notion that nature and everything it comprises, as well as the knowledge that has accumulated over generations of human existence, is a common wealth held jointly by all men. It is therefore necessary
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Keywords
Intellectual Property Rights, Human Rights, Competition, Free Trade, Employment, Biotechnology