Crossroad of intellectual property rights of technology innovators and human rights: a systematic literature review
| DOI | https://doi.org/10.1108/DPRG-08-2022-0099 |
| Published date | 15 February 2023 |
| Date | 15 February 2023 |
| Pages | 236-249 |
| Subject Matter | Information & knowledge management,Information management & governance,Information policy |
| Author | Parul Gupta,Simran Wadhwa,Sumedha Chauhan |
Crossroad of intellectual property rights of
technology innovators and human rights:
a systematic literature review
Parul Gupta, Simran Wadhwa and Sumedha Chauhan
Abstract
Purpose –This paper aims to analyzethe scholarly approach to examine the issues at the intersection of
intellectual property rights (IPRs) and human rights (HRs) and ways to address, to examine broad
categoriesof approaches used by the scholars in examiningthis conflict, their justification and to provide
concretedirections for HRs framework of intellectualproperty.
Design/methodology/approach –The study conducted systematic literature review of 94 research
articlespublished between 1996 and 2021, focusingon cross roads between IPRs and HRs.
Findings –The in-depth content analysis of 94 published research papersrevealed the polarization of
scholarlyopinion on the HRs perspective of IPRs.
Originality/value –Very limited effortswere made in past to synthesize and organizescholarly research
on the conflict betweenIPRs and HRs covering the right to education, to accessinformation, to food, etc.
besides the right to health care. This study synthesized and analyzed the scholarly research on the
crossroad between IPRs and HRs, revealed critical conflict areas and collated the justifications of
opposingapproaches to provide inputs to internationalorganizations, policymakersand governments for
the enforcementof IPRs from the perspective of HRs.
Keywords Intellectual property rights, Human rights, Intellectualproperty systems, TRIPS,
Systematic literature review
Paper type Literature review
Introduction
The system of intellectual property (IP) at the international level is on the verge of a
deepening conflict with the international human rights (HRs) systems. The governments,
policymakers, civil society groups and industries have taken opposing stands on several
states of affairs in a broad range of global venues; for instance, patented medicines to HRs
to health, digital content to the right to knowledge and education, etc. (Gleeson et al.,2019;
Nomani et al.,2020). This gloomy situation has progressed quite rapidly (Gandhi, 2017;
Sunner, 2020). The profound inequalities in the access to COVID-19 vaccine dose is a
glaring example. Due to the restrictive nature of intellectual property rights (IPRs), by the
end of 2021, 70% of total available doses would be available to only 166% of the world
population. The low-income countries might have to wait until 2024 to secure vaccine doses
for their people (Sirohi, 2021).
The overlap between the IPRs and HRs has been thoroughly examined by scholars from
different perspectives (Sunner,2020). The motivation of the protection of IP is to balance the
necessity to protect the interest of the original creator of the wok on one hand, and the right
of other individuals to use the material(human right to access information) on the other hand
(Sunner, 2020). Amidst, risingnumbers of interested parties and, a substantial portion of the
Parul Gupta is based at the
Department of Strategy and
General Management,
Management Development
Institute Gurgaon,
Gurgaon, India.
Simran Wadhwa is based at
the University College
Dublin, Dublin, Ireland.
Sumedha Chauhan is
based at the Jindal Global
Business School, OP Jindal
Global University, Sonipat,
India.
Received 21 September 2022
Revised 25 December 2022
7 January 2023
10 January 2023
Accepted 15 January 2023
PAGE 236 jDIGITAL POLICY, REGULATION AND GOVERNANCE jVOL. 25 NO. 3 2023, pp. 236-249, ©Emerald Publishing Limited, ISSN 2398-5038 DOI 10.1108/DPRG-08-2022-0099
To continue reading
Request your trial