In addition to that, the International Covenant on Social, Economic and Cultural Rights (ICSECR) established in 1966 is also one of the vital tools through which we can assess the relationship between Intellectual Property & Economic Rights.
International rights although increase the scope of the relationship between these two rights but there are some regional human rights which contain clauses pertaining to property rights. The Article 21.1 of American Convention on Human Rights of 1969 states that everyone is entitled to the right to use and enjoyment of his property but it further enforces that “The law may subordinate such use and enjoyment to the interest of society” (Sinjela, 2007). Similarly, the African Charter on Human Rights which was adopted in 1981 also enforces that “The right to the property shall be guaranteed while it may only be encroached upon the interest of public need or in the general interest of the community” (Sinjela, 2007).
Scholars in the field have reached to two distinct approaches to the relationship between intellectual rights and human rights. The first approach considers the relationship between those rights to be incompatible. The scholars who back this approach believe that intellectual property laws undermine the basic human rights especially that of social, economic and cultural rights. Intellectual Property Rights Fulfillment Should Promote All Human Rights.
Correa, C. M., 2000. Intellectual Property Rights, the WTO and Developing Countries: The
TRIPS Agreement and Policy Options. London: Zed Books Ltd
Cruz, R. 2005 Protection of Traditional Knowledge), Available at:
<www.comunidadandina.org/desarrollo/t4_ponencia2.htm>[Accessed January 03, 2010)
Donnelly, J. 1989. Universal Human Rights in Theory and Practice. London: Cornell University
ICCPR 1976, International Covenant on Civil and Political Rights.
Available at: <www2.ohchr.org/english/law/ccpr.htm> [Accessed January 04, 2010)
ICESCR 1966, International Covenant on Economic, Social and Cultural Rights
Available at: <www2.ohchr.org/english/law/pdf/cescr.pdf>>[Accessed January 03, 2010)
Lutheran World Federation 2000. International Commission of Jurists to the Sub-Commission on
the promotion and protection of human rights. Available at
Statement_on_Globalization_and_Human_Rights_2000.pdf> [Accessed January 05,
Roy, A. 2010. Human Rights and Intellectual Property Law in the Globalized Era. Available at:
Shiva, V. 2001, Protect or Plunder? Understanding Intellectual Property Rights. London: Zed Books Ltd
Sinjela, M., 2007. Human Rights and Intellectual Property Rights: Tensions and Convergences
Boston : Martinus Nijhoff Publishers
Taylor, A. L., Smith, G. P., and Andresen, J. 2002. Biotechnology, human rights, and intellectual
property. American Society of International Law. pg. 114
United Nations 2007, Universal Declaration of Human Rights. Available at:
[Accessed January 03, 2010)
Weissbrodt, S. & Schoff, K. 2000, Implementation of the International Covenant on Economics,
Social and Cultural Rights: Protection of Intellectual Property under the Trips
Agreement, WTO Paper
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