Правата на интелектуална собственост и правата на човека
The Intellectual Property Rights and the Human Rights

Summary/Abstract: This article examines the connection between intellectual property rights and human rights, and considers them in a contemporary perspective. The legal nature of both categories of rights is examined. The right to life and human dignity; the right to property; the freedom of expression through written and oral speech, and the right to information are analysed in detail. The article deals with the restricting of the patentee’s rights due to humane considerations. The so called “biopiracy” and the granting of a compulsory license are also discussed. The analysis outlines the restrictions of copyright and related rights in the case of free use of the works, as well as the conflict between copyright and the Internet. Special attention is paid to the international regulations and treaties governing the studied rights: the Universal Declaration of Human Rights, the European Convention on Human Rights and Fundamental Freedoms, and the TRIPs Agreement. A conclusion is made that the interaction between intellectual property rights and human rights should balance between the interests of society, on the one hand, and the interests of the individual, on the other.

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