The relationship between intellectual property and human right and a policy oriented recommendations

The objective of this review is to analyze possible interrelation and conflicts between intellectual property law and human right, with particular attention to the right of health, as well as their impact on social acceptability and effectiveness of the legal norms. Intellectual property protection has been debated for long time because of its impact on the society and the environment. It is important to take into consideration when nation do not adopt the legislation as it makes a back step historically in the protection of human due to the fact that the importance of human rights is established by it’s implementation. We will examine different legal mechanism that are used and can be used in order to balance the interest involved,focusing on human rights norms recognized by national and international law. We aim to analyze the different aspects of the relationship between human rights and Intellectual property with a special focus on the right of health. Intellectual property protection, have implication on the right to health and related human rights in a different ways. Intellectual property protection can affect medical research and the access to medicines. We will see how medicines are of decisive importance for the preservation and maintenance of the health of citizens, especially in developing countries which justifies the special attention that governments give to their regulation. A balance must be sought between these international rights and access to medicines by patients in developing countries at affordable prices. Companies need to use patents not only as incentives and mechanisms of innovation, but as strategic assets for the generation and conservation of dominant positions. We will set policy-oriented recommendations with the aim to enhance social acceptability and legitimacy of intellectual property law and guidelines on development of intellectual property norms.