PART ONE
What makes me think of the link or correlation between intellectual property and human rights?
First of all, from the legal point of view, the term "intellectual property" refers to "copyright" as opposed to "patent", "trademark", "industrial design" and "trade secret" which are classified as "industrial property" (Paris Convention of 1883 on the Protection of Industrial Property).
Article 2 paragraph 1 of the Berne Convention of 1886 for the Protection of Literary and Artistic Works, Paris Act 1971 as amended on 28 September 1979, reads as follows:
"The expression “literary and artistic works” shall include every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression, such as books, pamphlets and other writings; lectures, addresses, sermons and other works of the same nature; dramatic or dramaticomusical works; choreographic works and entertainments in dumb show; musical compositions with or without words; cinematographic works to which are assimilated works expressed by a process analogous to cinematography; works of drawing, painting, architecture, sculpture, engraving and lithography; photographic works to which are assimilated works expressed by a process analogous to photography; works of applied art; illustrations, maps, plans, sketches and three-dimensional works relative to geography,topography, architecture or science."
It is clear that the Copyright, which legally means intellectual property (as opposed to Patent, Trademark, Industrial Design and Trade Secrets, which are classified as industrial property), protects every production in the literary, scientific and artistic domain.
Now, how can I say that intellectual property, which legally means Copyright, constitute human rights, or at least is related to human rights? This is the answer.
Article 27 of the 1948 United Nations Universal Declaration of Human Rights reads as follows:
What makes me think of the link or correlation between intellectual property and human rights?
First of all, from the legal point of view, the term "intellectual property" refers to "copyright" as opposed to "patent", "trademark", "industrial design" and "trade secret" which are classified as "industrial property" (Paris Convention of 1883 on the Protection of Industrial Property).
Article 2 paragraph 1 of the Berne Convention of 1886 for the Protection of Literary and Artistic Works, Paris Act 1971 as amended on 28 September 1979, reads as follows:
"The expression “literary and artistic works” shall include every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression, such as books, pamphlets and other writings; lectures, addresses, sermons and other works of the same nature; dramatic or dramaticomusical works; choreographic works and entertainments in dumb show; musical compositions with or without words; cinematographic works to which are assimilated works expressed by a process analogous to cinematography; works of drawing, painting, architecture, sculpture, engraving and lithography; photographic works to which are assimilated works expressed by a process analogous to photography; works of applied art; illustrations, maps, plans, sketches and three-dimensional works relative to geography,topography, architecture or science."
It is clear that the Copyright, which legally means intellectual property (as opposed to Patent, Trademark, Industrial Design and Trade Secrets, which are classified as industrial property), protects every production in the literary, scientific and artistic domain.
Now, how can I say that intellectual property, which legally means Copyright, constitute human rights, or at least is related to human rights? This is the answer.
Article 27 of the 1948 United Nations Universal Declaration of Human Rights reads as follows:
- Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
- Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
Thus, it is clear that intellectual property, which legally means Copyright, constitute human rights, or at least is related to human rights.
Continue to read PART TWO.
Continue to read PART TWO.
