Intellectual Property and Human Rights

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:

1. 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.
2. 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.

IDLO IP Impact Programme in Indonesia: The First Training Workshop

Organized for five (5) consecutive days in January 2006 in Jakarta at the World Trade Centre, the first training workshop on intellectual property within the context of IDLO Intellectual Property Impact Programme was attended by 25 jurists, most of them were private sector lawyers. There were several members of the academia as well as public sector lawyers.

The training workshop had the main topic: "Intellectual Property Law in Practice: How to Protect and Enforce IP Rights" and saw the contribution of the following experts:

• IDLO Intellectual Property Resource Person for Indonesia: International Intellectual Property Law;
• IDLO Head of Anglophone Department and Intellectual Property Specialist: Industrial Design;
• Dr. Cita Citrawinda Noerhadi: Patent and Trade Secret
• Mr. Henry Soelistyo Boedi SH LL.M: Copyright
• Mr. Gunawan Suryomurcito SH: Trademark

Articles on Intellectual Property

Impressed and inspired by world-class masterpieces in the areas of intellectual property, the Statute of Anne of 1710 and Christian Sigmund Krause's Philosophical Concept of Intellectual Property, the IDLO Intellectual Property Resource Person for Indonesia has written his articles on intellectual property. The first one, published in the Bulletin of the Indonesian Capital Markets Legal Consultants Association/Himpunan Konsultan Hukum Pasar Modal Indonesia, was written in the Indonesian language and titled: Sekuritisasi Hak Cipta, Suatu Gagasan untuk Pembangunan (English: Copyright Securitization, an Idea for Development).

Click here to read the entire article.

Click here to read the IDLO Intellectual Property Resource Person for Indonesia's thought of the Statute of Anne, 1710 and Christian Sigmund Krause's Philosophical Concept of Intellectual Property (in Indonesian).