Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Human rights analysis of the patent

Document Type : Research Article

Author
PhD student in private law, Faculty of Law, Tarbiat Modares University, Tehran, Iran. (Corresponding Author)
Abstract
Legal systems grant exclusive rights to inventors in exchange for complete disclosure of their inventions for a specified period. This empowers inventors with exclusive control over their creations, enabling them to prevent unauthorized copying, manufacturing, selling, importing, or offering for sale of their inventions. The grant of exclusive rights to inventors is not only based on economic and commercial value but is also justified on the principles of human rights. The human rights underpinnings of patent rights constitute a complex and multifaceted area of discourse. On one hand, the patent system is viewed as an incentive mechanism that fosters innovation and propels economic growth. Conversely, it can also be perceived as an impediment to the realization of certain human rights. Whereas human rights and patent both seek to maximize social, economic, and political will being. Therefore, this paper explores the complex relationship between patent and human rights. The findings are that human rights are relevant to consider in patent rights. There is no disagreement that patent are tools that shall serve the interests of society. Human rights protect fundamental values and societal interests.
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  • Receive Date 29 April 2024
  • Revise Date 09 July 2024
  • Accept Date 21 July 2024