Open AccessIntellectual Property and Human Rights: A Conceptual Analysis in the Light of Developing Countries
Author(s) -
Nour Mohammad
Publication year - 2013
Publication title -
kathmandu school of law review
Language(s) - English
Resource type - Journals
eISSN - 2773-8159
pISSN - 2091-2110
DOI - 10.46985/jms.v2i1.1029
Subject(s) - intellectual property , trips architecture , intersection (aeronautics) , human rights , law and economics , trips agreement , developing country , political science , property (philosophy) , business , law , sociology , economic growth , economics , geography , computer science , epistemology , philosophy , cartography , parallel computing
This paper examines some competing legal frameworks that governments, NGOs, and intergovernmental organizations are using to conceptualize the intersection of human rights and intellectual property. Among the two approaches examined, the first approach views the two areas of law as in fundamental conflict, with strong intellectual property protection standards in particular those of the TRIPS Agreement undermining a broad spectrum of human rights. The second approach sees both areas of law as concerned with the same basic question .This paper aims to critically analyze different provisions of the intellectual property and to search for the implications of them for the developing countries in line with the Human right. Finally an attempt is made to explore ways and means in mitigating or addressing the problems arising out of the TRIPS which are peculiar to the developing countries.