INDIA: INTELLECTUAL PROPERTY RIGHTS AS ‘HUMAN RIGHTS' AN ANALYSIS
HUMAN RIGHTS AND INTELLECTUAL PROPERTY RIGHTS Introduction There are two major approaches to the Human Rights – Intellectual Property Rights regime. The first approach reconciles the relationship between the two spheres as in conflict. This approach appears in the united Nations Human Rights system in the 2000 resolution which states that, “actual or potential conflicts exists between the implementation of TRIPS Agreement and realization of economic, social and cultural rights.” This framing sees strong intellectual property protection as undermining – and therefore as incompatible with – a broad spectrum of human rights obligations, especially in the area of economic, social, and cultural rights. The “conflict” view argues that IP rights are not fundamental human rights but instrumental legal tools to further social and economic purposes. However, the so-called conflict view might arguably be more accurately described as the “primacy of human rights” view o...