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.
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