The Legal Framework of Intellectual Property Rights in Relation to Human Rights

Eramala Dayal

2023

Abstract

Way back in 1970, Supreme Court of India in Rustom Cavasjee Cooper v Union of India, acknowledged the importance of intellectual property rights. This research paper is a humble attempt on part of the author to trace efficacy of monopolistic intellectual property rights legal regime in promoting and safeguarding human rights of all stakeholders in the society. The author shall modestly attempt to trace efficacy of Indian statutes such as The Patents Act, 1970, The Geographical Indications of Goods (Registration and Protection) Act, 1999 and so on with reference to their role in safeguarding right to health, rights of traditional knowledge holders, collective rights of holders of geographical indications and so on. International instruments such as Universal Declaration of Human Rights, 1948, Trade Related Aspects of Intellectual Property Rights and Doha Declaration shall also be reflected upon in this research journey. Landmark judicial pronouncements such as Novartis A. G. v Union of India whereby our judiciary proactively safeguards our human rights shall be reviewed in this paper. The author shall undertake comparative analysis of relevant statutes of other countries also. An attempt shall be made to take feedback from stakeholders at grassroots level. Post TRIPS, our legal regime related to Intellectual Property Rights has undergone many amendments - an effort shall be made to gauge real impact of our amended IPR regime on the holistic development and welfare of Indian society. Sui generic Indian approaches such as Traditional Knowledge Digital Library have been appreciated globally but at the same time an attempt shall be made to explore other alternatives for proactively safeguarding our invaluable traditional knowledge.

Paper Citation

in Harvard Style

Dayal E. (2023). The Legal Framework of Intellectual Property Rights in Relation to Human Rights. In Proceedings of the 2nd Pamir Transboundary Conference for Sustainable Societies - Volume 1: PAMIR-2; ISBN 978-989-758-723-8, SciTePress, pages 363-372. DOI: 10.5220/0012846200003882

in Bibtex Style

@conference{pamir-223,
author={Eramala Dayal},
title={The Legal Framework of Intellectual Property Rights in Relation to Human Rights},
booktitle={Proceedings of the 2nd Pamir Transboundary Conference for Sustainable Societies - Volume 1: PAMIR-2},
year={2023},
pages={363-372},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0012846200003882},
isbn={978-989-758-723-8},
}

in EndNote Style

TY - CONF

JO - Proceedings of the 2nd Pamir Transboundary Conference for Sustainable Societies - Volume 1: PAMIR-2
TI - The Legal Framework of Intellectual Property Rights in Relation to Human Rights
SN - 978-989-758-723-8
AU - Dayal E.
PY - 2023
SP - 363
EP - 372
DO - 10.5220/0012846200003882
PB - SciTePress