Interrelationship between Human rights and Intellectual Property Rights

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Amrita Mishra, Rubi Talukdar

Abstract

Human rights and intellectual property, two forms of law that were once enemies, are gradually becoming familiar bedfellows. The two subjects have been working together in virtual isolation for decades. However, in recent years , international norm-setting efforts have begun to map previously unexplored ties between, on the one hand, intellectual property law and human rights. Two regimes have grown rapidly: human rights and intellectual property rights. On one hand,, the rise of major multinational companies has led to a greater and tighter framework for the protection of intellectual property. Human rights, have acquired primacy in both cultural and legislative debates on the other hand. Developing countries have suggested that intellectual property rights as well as human rights frequently clash, particularly in the enforcement of their international TRIPS obligations. Nevertheless, developed nations are being pushed to provide greater security to intellectual property. The voices of the developed countries need to be heeded. This research paper seeks to understand and bring clarity to this long going debate between the two regimes.

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