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This chapter reflects on the methodological choices one could make in the area of intellectual property and human rights. Drawing on the author’s prior works on the development of a human rights framework for intellectual property, the chapter explores three methodological choices: (1) the choice between a positivist and philosophical conception of human rights; (2) the choice between historical and evolutive interpretations of human rights instruments; and (3) the choice of developing a layered hierarchical structure to systematically analyse the myriad human rights interests involved and their interplay. The chapter’s focus on these choices not only highlights the strengths and limitations of each methodological approach, but also provides first-hand insights into how researchers select their methods and approaches.

Intellectual Property, Human Rights, and Methodological Reflections