نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
In recent decades, intellectual property rights have gone beyond a realm limited to private rights and international trade, and have become an area linked to human rights, economic development, access to knowledge, innovation, and technology transfer.
The main problem of this research is to explain the place of intellectual property rights in the international human rights system and to analyze how to regulate its relationship with other rights and development requirements. The current research was carried out with a descriptive-analytical approach and using the document study method, and by using international documents, domestic laws and regulations, legal works and specialized researches, it first examines the conceptual foundations of intellectual property and its economic and ethical dimensions, and then analyzes the relationship of these rights with human rights, competition rights, the Agreement on Commercial Aspects of Intellectual Property Rights (TRIPS) and technology transfer.The findings show that the support of intellectual property, in the case of an institutional design appropriate to the level of economic development and technological capacity of countries, can help strengthen innovation, investment, technology transfer and the development of a knowledge-based economy; But absolute and uniform protection of exclusive rights, especially in developing countries, may conflict with access to knowledge, education, research, cultural participation and technological learning process. South Korea's experience also shows that the relationship between intellectual property protection and development is not linear and dependent on factors such as the level of economic development, domestic absorption capacity, the nature of technology, human capital, research and development, and technology transfer policies. From the perspective of human rights, the protection of material and moral interests resulting from scientific, literary and artistic productions must be interpreted in a balanced framework; A framework that, while maintaining the motivation for creation and innovation,
کلیدواژهها English