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CURRENT ISSUE : MAY - 2019, VOLUME - I, ISSUE - I

Intellectual Property Rights as Human Rights: An Analysis

Dr. Piyush Kumar Trivedi

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Human Rights law and Intellectual Property Rights (IPR) law are entirely two different areas of law. Since their beginning, they grew isolated from each other. Neither of them infringed on each other’s domains. Human rights and intellectual property, two bodies of law that were once strangers, are now becoming increasingly intimate bedfellows. The increasing importance of intellectual property rights has led to the need for clarifying the scope of human rights provisions protecting individual contributions to knowledge. A number of new challenges need to be addressed concerning contributions to knowledge, which cannot effectively be protected under existing intellectual property rights regimes. According to this view, IPR law infringes on the different areas of Human Rights law, especially when economic, social and cultural rights are concerned. Another view is that both IPR Law and Human Rights law can co-exist with one another. No reference to human rights was seen in the fundamental treaties of IPR law, such as the Paris Convention or the TRIPS Agreement. Thus, This article examines the different aspects of the relationship between intellectual property rights, human rights. It analyzes existing knowledge protection-related provisions in human rights treaties. It also examines some of the impacts of existing intellectual property rights regimes on the realization of human rights.


Intellectual Property as a Human Right: In the prospects of Indian law

Anjali Dixit

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Intellectual property rights (IPR) have been described as ideas, inventions, and creative expressions primarily based on which there is a public willingness to bestow the popularity of property. IPR supply positive different rights to the inventors or creators of that property, in order to allow them to reap commercial benefits from their creative efforts or reputation. There are various sorts of intellectual property protection like patent, copyright, trademark, etc. Patent is cognizance for an invention, which satisfies the criteria of global novelty, non-obviousness, and industrial application. India has a well-established legislative, administrative and judicial framework to safeguard Intellectual Property Rights (IPRs), which meets its global obligations whilst utilizing the flexibilities furnished in the global regime to tackle its developmental concerns. India has a Trade Related Aspects of Intellectual Property Rights (TRIPS) compliant, robust, equitable and dynamic IPR regime. The Indian IP system continues a great balance between private rights through IPRs on one hand, and rights of the society as public interest on the different hand. two TRIPS Agreement has allowed coverage area to countries to evolve a regime that fine suits its condition. This policy house is a sine qua non for sustainable development of the country. In latest decades, the relationship between intellectual property and necessary human rights has attracted growing scrutiny. While the proper to safety of the “moral and material interests” of an individual’s intellectual product is enshrined in the canon of international human rights, with express inclusion in the Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR), the dominant regime of intellectual property rights has traditionally come into hostilities with other critical human rights.


Legitimate Expectations in India

Ambuj Mishra

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The principle of legitimate expectation has evolved in case law as an unwritten principle of law or an unwritten principle of fair administration. Even today it is still mainly an unwritten principle of law. As such, it takes precedence over individual decisions and subordinate legislation. However, judicial review of acts of parliament by reference to the principle of legitimate expectation may be possible. The doctrine of legitimate expectation confers upon person a right which is enforceable in case of its denial. But whether an expectation is legitimate or not is a question of fact which has to be determined not according to claimant's perception but in the larger public interest.


Right to work in India: An obligation yet to be fulfilled

Avinash Pandey

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Tilak, Gandhi, Nehru, Patel, Ambedkar and Lohiya were the six most important leaders of the modern India. The six leaders have been important not only because they played a critical role in India's struggle for freedom from colonial rule, and have become symbols of India's independent nationhood, but their legacy is also imbibed in the perspectives they articulated on India, its pasts and its possible futures. The worst part of it all is doctors and engineers, even lawyers, compete with one another to enter the Civil Service, and in this unseemly melee, the less fortunate competitors have perforce to reconcile with clerical post even in certain institutions.


Implementation of Human Rights in India: An Overview

Mohit Sharma

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Since the days of the lndus Valley Civilization, Indian culture has been the product of a synthesis of diverse cultures and religions that came into contact with the enormous Indian sub continent over a very long stretch of time. The State maintains the framework of social order by implementation of various laws without which well ordered social life would not be possible. Various philosophers of social contract theory are of the view that object of the creation of state is to maintain and protect the rights of individuals. India was a signatory to the Universal Declaration of Human Rights. The Indian constitution was adopted by the Constituent Assembly on Dec 26, 1949, which came into force on Jan 26, 1950. Our Indian constitution was greatly influenced by the Universal Declaration of Human Rights, 1948. Provisions of Part III which stands for Fundamental Rights and Part IV for Directive Principles of State Policy bear a close resemblance to the Universal Declaration of Human Rights. As a result, a number of fundamental rights guaranteed in Part III of the Indian Constitution are similar to the provisions of the Declaration.


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