Studies the Effect of Intellectual Property on Human Right in the Digital Age

1. THE IMPACT OF INTELLECTUAL
PROPERTY ON HUMAN RIGHTS IN THE
DIGITALAGE: A STUDY OF USER RIGHTS
Synopsis Submitted
By
SYED SUBOOR HUSSAIN
(Roll No. 09616590022)
Under the supervision of
PROF. (DR.) LISA P. LUKOSE
to the
UNIVERSITY SCHOOL OF LAW AND LEGAL STUDIES
(USLLS)

2. INTRODUCTION
 The impact of intellectual property on human rights in the digital age is a complex issue
that has been the subject of much debate and discussion in recent years. IPRs are
essential for protecting the rights of creators and inventors and incentivizing innovation
and creativity. While IPR can also limit users' rights to access and use information,
particularly in the digital age where information is increasingly digital and easily shared.
 The digital age has witnessed the rise of data-driven business models, where user data is
often treated as a valuable asset. Intellectual property rights holders, particularly in the
realm of digital content and technology, may have access to vast amounts of personal
data through user interactions and digital footprints. The collection and use of this data
for commercial purposes can potentially infringe upon privacy rights, as individuals may
have limited control over how their personal information is collected, stored and utilized

3. Human Rights Approaches to Intellectual Property Rights
There exist two primary methodologies in the context of the Human Rights - Intellectual Property
Rights framework:
• The initial method is to establish a harmonious connection between the two domains that are
traditionally perceived as being in opposition. The aforementioned approach is present within
the United Nations Human Rights framework, as outlined in the 2000 resolution. This resolution
acknowledges the existence of current or potential conflicts between the application of the
TRIPS Agreement and the fulfilment of economic, social and cultural rights
• The second perspective on the intersection of human rights and intellectual property regards
both legal domains as addressing a shared fundamental inquiry: the delineation of the suitable
extent of exclusive rights that grants authors and inventors a satisfactory motivation to engage
in creative and innovative activities, while simultaneously guaranteeing that the general public
has sufficient access to the outcomes of these endeavours.

4. Interplay of Intellectual Property and Human Rights in Digital Age:
The interplay between intellectual property (IP) and human rights has become a focal
point of global discourse. This study analyses the significance of addressing how IP
regulations intersect with universal human rights, particularly within the context of the
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
Agreement.
Right to Privacy and IP
• Privacy and intellectual property are closely connected in various ways like the
protection of confidential trade secrets, the domain of publicity and the rights of
celebrities, the representation of individuals in creative works, moral rights,
performers' rights, inventorship, and the pre-publication representation of products.
• The domain of intellectual property enforcement, which encompasses various
methods like digital rights management (DRM), technologies and technological
protection measures (TPMs), has the potential to infringe upon individuals' private
rights by monitoring their online activities and sharing of the user’s information.
• Justice K.S. Puttaswamy (Retd.) v. Union of India, established the right to privacy
as a basic principle that is closely intertwined with the digital era.

5. Digital Domain and Data Sharing
• Digital Personal Data Protection Act (DPDPA)-2023 assumes a pivotal role in
safeguarding the intricate web of rights and obligations associated with the
management of extensive digital data reservoirs prevalent within the economy.
• The articulation of the DPDPA is profoundly influenced by the tenets of the
Organisation for Economic Co-operation and Development (OECD), wherein data
privacy is endorsed as the fundamental global benchmark for privacy and data
safeguarding.
What are user rights?
 Fair use
 Educational and research exceptions
 Private copying
 Parallel importing
 Exhaustion of rights

6.  This study delves into the multifaceted relationship between intellectual property
and user rights, investigating the intricate balance between incentivizing
innovation through robust intellectual property protection and ensuring that
individuals' fundamental rights remain safeguarded.
 This research aims to investigate the impact of intellectual property on human
rights in the digital age, specifically focusing on user rights.

7. LITERATURE REVIEW
BOOKS:
 Mathias Klang and Andrew Murray, Human Rights in the Digital Age
(Routledge, September 01, 2016).
 Laurence R. Helfer, Mapping the Interface Between Human Rights
and Intellectual Property, Research Handbook on Human Rights and
Intellectual Property, Christophe Geiger edn. (Edward Elgar, 2015).
 Graeme W. Austin and Laurence R. Helfer, Human Rights and
Intellectual Property: Mapping the Global Interface (Cambridge
University Press, March 7, 2011).
 Paul L.C. Torremans, Intellectual Property Law and Human Rights
(Kluwer Law International, 4th edn., June 2020).
 Marcelin Tonye Mahop, Intellectual Property, Community Rights and
Human Rights: The Biological and Genetic Resources of Developing
Countries (Routledge, May 29, 2012).

8.  Lisa P Lukose & Alankrita Mathur, Human Right and Social
Media (ELCOP Yearbook on Human Right, Bangladesh, 2018).
 Manoj Kumar Pattanaik, Human Rights and Intellectual Property
(SBS Publishers and Distributors Pvt Ltd, June 2012).
 Carlos M. Correa, Mitigating the Impact of Intellectual Property
in Developing Countries Through the Implementation of Human
Rights, Research Handbook (Edward Elgar Publishing, 2015).
 Peter K. Yu, “Intellectual Property, Human Rights and
Methodological Reflections”, in Irene Calboli and Lillà
Montagnani (eds.), Handbook of Intellectual Property Research:
Lenses, Methods, and Perspectives, (Oxford University Press,
182-97, 2021).
 Willem Grosheide, Intellectual Property and Human Rights: A
Paradox (Edward Elgar, 2010).

9. ARTICLES:
Peter K. Yu, “Intellectual Property and Human Rights in
the Non-Multilateral Era”, 64 (4) Florida Law Review,
2012.
Peter K. Yu, Intellectual Property and Human Rights 2.0,
53 U. Rich. L. Rev. 1375 (2019).
Philippe Cullet, “Human Rights and Intellectual Property
Rights: Need for a New Perspective” IELRC Working
Paper, 2004.
Laurence R. Helfer, “Human Rights and Intellectual
Property: Conflict or Co-Existence?”, 5 Minn. Intel. Prop.
Rev. 47 (2003).
Lisa P. Lukose, “An Introspection of the Interface Between
Intellectual Property Rights and Human Rights” 37(4)
Legal News and Views Special Issue, 2023.

10. Shilpi Sinha, “Intellectual Property Rights as ‘Human
Rights' an Analysis”, Mondaq, May 22, 2019.
Vedansh Batwara, “An analysis of interrelationship
between Human Rights and Intellectual Property Rights”,
3, Pen Acclaims, August 2018.
Laurence R. Helfer, “Toward a Human Rights
Framework for Intellectual Property,” 40 U.C. Davis L.
REV. 971 (2007).
Audrey R. Chapman, “A Human Rights Perspective on
Intellectual Property, Scientific Progress and Access to
the Benefits of Science,” WIPO/OHCHR, Intellectual
Property and Human Rights (1999).
Lisa Forman & Gillian MacNaughton, “Moving Theory
into Practice: Human Rights Impact Assessments of
Intellectual Property Rights in Trade Agreements”, 7 J.
HUM. RTS. PRAC. 109 (2015)

11. STATEMENT OF PROBLEM
As the digital landscape blurs the boundaries between content creators and users,
questions arise about how IP laws impact fundamental human rights. This study
aims to investigate the nuanced and evolving relationship between intellectual
property and user rights in India's digital context, addressing the following key
issues:
 How do existing intellectual property laws in India, particularly those related
to copyright, patents, and trademarks, influence the exercise of user rights in
the digital age?
 What are the potential conflicts between intellectual property protection and
user rights, and how are these conflicts being adjudicated in Indian courts?
 How do emerging technologies and digital platforms challenge traditional
notions of intellectual property and impact the rights of users in India?

12. RESEARCH GAP
This topic has garnered significant attention from
scholars and researchers, there are still several
research gaps that warrant further investigation.
Some of these research gaps include:
 User-Centric Analysis
 Balancing of Rights
 Digital Access Divide
 Emerging Technologies
 Digital Commons and Open Access
 User-Generated Content
 International and Comparative Perspectives
 Policy and Legal Reforms

13. SIGNIFICANCE OF THE STUDY
 Addressing Contemporary Challenges
 Protecting User Rights
 Balancing Innovation and Access
 International Perspective
 Academic Enrichment
 Practical Guidance for Stakeholders
 Social and Cultural Impact

14. OBJECTIVE OF THE STUDY
The primary objectives of this research proposal can be
summaries as follows:
 To examine the multifaceted relationship between intellectual
property rights and human rights in the context of the digital
age.
 To analyze the specific challenges and conflicts arising from
the intersection of IP and human rights in the digital
environment.
 To assess the potential implications of IP laws, regulations,
and enforcement mechanisms on the enjoyment of human
rights specially user rights in the digital age.
 To propose strategies and approaches for reconciling IP
protection with the preservation and promotion of human
rights in the digital domain.

15. RESEARCH QUESTIONS
 What are the international frameworks and policies related to protection of human rights under international
intellectual property regime?
 What are the legal frameworks and policies related to protection of human rights under intellectual property
regime in India and selected few countries?
 How do these legal frameworks and policies impact user rights to access and use information, particularly
in the digital age?
 How do different stakeholders, such as content creators, users and policymakers, perceive the impact of
intellectual property on human rights?
 What are the challenges and opportunities for balancing intellectual property protection and human rights in
the digital age?
 What strategies and approaches can be developed to ensure the compatibility and balance between IP
protection and the preservation and promotion of human rights in the digital domain?

16. HYPOTHESES
 H1: As the digital era offers both opportunities and
challenges in the interaction between intellectual
property and human rights, the possibilities of human
rights violations in the realm of IPR is more in the
digital sphere.
 H2: Stringent enforcement of intellectual property
rights in the digital age have a negative impact and
damaging effect on users' rights to access and
use information.

17. RESEARCH METHODOLOGY
The research methodology being proposed adopts
a two-fold approach, combining both doctrinal and
non-doctrinal research methods, in order to
thoroughly examine the complex correlation
between intellectual property (IP) rights and
human rights, with a particular emphasis on the
rights of users in the digital era.
 Doctrinal Research
 Qualitative data

18. Chapter I
• Introduction
Chapter II
• Comprehending the Issue: Synopsis, Profile of Vulnerability, and
Methodology of Research
Chapter III
• An Analysis of the Interplay between Intellectual Property Rights and
Human Rights
Chapter IV
• Exploring the Digital Landscape: An Examination of Intellectual Property
Rights and Privacy
Chapter V
• Unveiling the Impact: Exploring the Effects of Intellectual Property
Rights on User Rights
Chapter VI
• Conclusion and Suggestions
TENTATIVE CHAPTERISATION

19. SCOPE OF THE STUDY
The research findings will inform policymakers,
legal practitioners and industry professionals
about the need to balance intellectual property
protection and user rights in the digital age. The
proposed research may also identify potential
policy and legal reforms to promote both
intellectual property protection and human rights.

20. LIMITATIONS OF THE STUDY
 Geographical Focus
 Diverse Stakeholders
 Time Constraints
 Methodological Boundaries
 Language Barriers
 Access to Primary Data
 Ethical Considerations
 Interdisciplinary Scope

21. BIBLOGRAPGY
1. Primary Sources
 American Declaration of the Rights and Duties of the Man, 1948.
 Universal Declaration of Human Rights, 1948.
 Agreement on Trade-Related Aspects of Intellectual Property Rights, 1995.
 International Covenant on Economic, Social and Cultural Rights, 1966.
 Copyright Act, 1957.
 The Patents Act, 1970.
 IT Act, 2000.
 Digital Personal Data Protection Act (DPDPA), 2023.
2. Secondary Sources
A. Books
 Mathias Klang and Andrew Murray, Human Rights in the Digital Age (Routledge, September 01, 2016).
 Laurence R. Helfer, Mapping the Interface Between Human Rights and Intellectual Property, Research
Handbook on Human Rights and Intellectual Property, Christophe Geiger edn. (Edward Elgar, 2015).

22.  Graeme W. Austin and Laurence R. Helfer, Human Rights and Intellectual Property: Mapping the Global Interface
(Cambridge University Press, March 7, 2011).
 Paul L.C. Torremans, Intellectual Property Law and Human Rights (Kluwer Law International, 4th edn., June 2020).
B. Articles
 Laurence Helfer, “Human Rights and Intellectual Property: Conflict or Coexistence”, 5 Minnesota Intellectual Property
Review 1 (2003).
 Shreya Bajpai, “Human Rights and Intellectual Property Rights: A Study of Relationship and Conflict” International
Journal of Law Management & Humanities, 2021, available at: https://www.ijlmh.com/paper/human-rights-and-
intellectual-property-rights-a-study-of-relationship-and-conflict/ (last visited August 26, 2023).
 Nestor Duch-Brown, Bertin Martens and Frank Mueller-Langer, The Economics of Ownership, Access and Trade in
Digital Data, 2017.
 Pascale Chapdelaine, “Copyright User Rights and Remedies: An Access to Justice Perspective,” 7 Laws 24 (2018).