The IUP Journal of Law Review
Access to Health Justice: The Conflict Between Human Rights and Intellectual Property Rights

Article Details
Pub. Date : July 2022
Product Name : The IUP Journal of Law Review
Product Type : Article
Product Code : IJLR040722
Author Name : Madhuri Irene
Availability : YES
Subject/Domain : Arts & Humanities
Download Format : PDF Format
No. of Pages : 20



The reverence for human rights in ancient history had been phenomenal with a silver lining of natural law philosophy. However, over time the concept of property and rights has been transformed beyond imagination, particularly with the onslaught of scientific and technological advancement. Both human rights and intellectual property rights have now developed independently as two branches of law. This paper intends to investigate the encroachment of the intellectuality of the elite on the human pasture, especially in respect of the right to health, which is a natural twin of the right to life - not of mere animal existence but with human dignity and honor. It concludes that to undo the imbalance between human rights and the intellectual property regime, especially in the field of right to health and access to essential medicines, there is a need to review and reexamine the status and relationship juxtaposing the two vital fields.

Property rights belong legally to individuals, but their real function is social, to benefit vast numbers of people who do not themselves exercise these rights.

- Thomas Sowell1


Human Rights and Intellectual Property Rights portals are said to be vital institutions of humanity, and the nexus between them is philosophically eulogized as a relation between deity and devotee. Human rights have been thought to be divine in nature