Intellectual Property Rights and Human Rights Interrelation

This report examines the intricate relationship between intellectual property rights (IPR) and human rights, particularly in the context of medical patents. It highlights the tension between pharmaceutical organizations leveraging IPR for business development and the potential impact on access to life-saving drugs for vulnerable populations. The methodology involves a positivist approach, utilizing secondary data from books, journals, websites, and human rights treaties to analyze the interplay between IPR and human rights. The report outlines its structure, including an introduction, literature review, research methodology, data analysis and interpretation of past cases, and finally, recommendations and conclusions, aiming to provide a comprehensive understanding of this critical intersection and its implications for states and individuals. Desklib provides access to similar solved assignments and resources for students.

Law

Table of Contents
Introduction................................................................................................................................2
Methodology..............................................................................................................................2
References..................................................................................................................................4
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Introduction
The increasing significance of IPR has created a lot of discussions between human rights and
IPR in the medical patents field (Ayoubi, 2018). The pharmaceutical organization uses IPR
for developing drugs, expanding business and does not allow random origination to
manufacture medicine. However, the intellectual rights affect the human rights because it is
seen that many organization having copyright does not carry out their business ethically
(Government, 2019). The patent of IP protects pharmaceuticals’ price making it unaffordable
for poor people. The organizations having the patent right to manufacture life saving drugs
increases their prices that are not within the reach of the poor people or they are not available
for increasing the market demand. The collection of different issues consisted in the past
cases and solution provided by the states can also help to understand the interconnection
between IPR and human rights. Human rights are protected by national legislation and
international conventions. Earlier intellectual property protection and human rights were
treated as two different fields, are quite alien from each other. Nowadays, intellectual
property rights and human rights are becoming more inclusive of each other (Neethu, 2014).
Access to drugs has become a subject matter of high public controversy because of medical
patents which contradicts right to health. It is argued that the objective of human well-being
must be served by intellectual property rights. The presence of intellectual property rights
should not make it difficult for the states to perform their obligation of right to health towards
individuals.
Methodology
The selection and adoption of appropriate research tools and techniques are considered to be
important for the collection of information. A standardized process will be followed for
avoiding any kind of complexities and confusion. The researcher will include research
philosophy which would assist to explain the development of knowledge that occurs during
the research study (Dixon, 2010). Positivism will be applied in order to collect and analyze
secondary information in an appropriate manner. The researcher will include research
approach to describe the progress pattern of the whole research. Deductive approach will be
applied for understanding the results in a detailed manner. Research design assists to develop
the framework of the research process in order to record all the contents. Descriptive design
would be selected for examining the topic in detailed manner (Hammersley, 2010).
Secondary data will be collected for the research study. The collection of data will enhance
the base of knowledge and provide a platform where the research topic can be examined in an
appropriate manner. Secondary data will be collected from books, journals, and websites and
the human rights treaties with IP treaties in countries that are part of European Union.
Qualitative data will be gathered for the research study (Goddard & Melville, 2011). The data
will be collected from the database of the countries that will show the business processes of
the pharmaceutical organizations. Apart from this, past cases will also be determined and
evaluated in order to understand the relationship between the human right and intellectual
property right. Limited resources and limited time was the major challenges that are being
faced during the research study.
Outline of the paper structure
The overall content is to be divided into five chapters that would assists to describe each
section appropriately.
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Chapter 1: Introduction
The research will introduce the topic in this section which is whether intellectual rights and
human rights are interconnected and how the state deals with the interconnection. The
researcher will also develop aims and objectives in order to complete the study.The main aim
of the study is to determine and examine the relationship between intellectual rights and
human rights.
Chapter 2: Literature Review
The researcher will provide theories and concepts associated with the topic. The section will
consist of useful information for the readers.
Chapter 3: Research Methodology
The research methodology section will provide the techniques and procedures of collecting
data. The use of proper data collection method will assist to enhance the quality of the
research.
Chapter 4: Data Analysis and Interpretation
The data analysis chapter is important for the success of the research study. The collection of
data and information from different sources will be examined in this section. The section will
explain the interconnection between IPR and human rights, past cases consisting of the
problems and solutions that were being given by the states. It will also consists of patterns
that the states provided for solving the cases such as the human rights or IPR can win as per
the evidences of the case.
Chapter 5: Recommendations and Conclusions
The researcher will provide a brief conclusion of the topic. Recommendations will be
provided on the basis of the problems associated with the study.
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References
Ayoubi, L. (2018). Intellectual Property and Human Rights. SSRN Electronic Journal, 3(2),
65. doi: 10.2139/ssrn.3177905
Dixon, R. (2010). Methodology (3rd ed.). Oxford: Oxford Univ. Press.
Goddard, W., & Melville, S. (2011). Research methodology (4th ed.). Kenwyn, South Africa:
Juta & Co.
Government. (2019). Protection of intellectual property. Retrieved from
https://www.government.nl/topics/intellectual-property/protection-of-intellectual-
property
Hammersley, M. (2010). Methodology (5th ed.). London: SAGE Publications.
Neethu, R. (2014). Braiding intellectual property law with human rights. Journal Of
Intellectual Property Law & Practice, 9(4), 341-342. doi: 10.1093/jiplp/jpu010
Savirimuthu, J. (2012). The Europeanization of intellectual property law: the quest for
common principles. Journal Of Intellectual Property Law & Practice, 7(11), 833-835.
doi: 10.1093/jiplp/jps136
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