A Study on Relationship between Intellectual Property Law and Human Rights

Abstract

Intellectual property rights are enshrined as human rights under universal declaration of human rights.Article 27, in particular states that everyone has a right.It is a right given to the creator/inventor for protecting their creation/invention.This protection is guaranteed for a limited time.The commercial benefits and moral interests are enjoyed by the creator as they are the only deserving people.This can be done through patenting,copyrights,trademarks and trade secrets,etc. The objective of this study is to understand the awareness of creator's rights and to know about the liability for copyright infringement. The researcher has followed empirical research with a simple random sampling method. The sample size of the current study is 204. The important findings are that the indigenous communities are subjected to exploitation by corporates by non-recognition of their traditional knowledge as an intellectual property.The result observed from the analysis of the opinion is to educate people the need for educating people the importance of intellectual property right to help them not suffer in future if they create something.Intellectual property rights has a great potential to generate revenue and can improve the number of researches and innovations in the country.It has now become an important indicator of economic growth in India.The work of researchers cannot go in vain only if the IP regime is strong.According to a research conducted by Einfolge, an international patent analytics and market research company in 203 educational institutions in Tamil Nadu,Kerala,Karnataka and Telangana,the study revealed that 35% people are not aware of intellectual property rights (IPR) and that the design patents, geographical indication (GI) and trade secrets need more attention to spread the benefits of intellectual property rights and that the respondents which includes students,teachers,scholars and managers were not fully aware of the monetary benefits relating to acquiring an intellectual property right, commercialization of the same and the legal troubles in using a pirated work.The author concludes that there's a necessity for at least creators/inventors to know their rights and the the need for state to provide indigenous communities the recognition for their creations.