Investigating the role and position of intellectual property rights in the system of public international law

Document Type : Original Article

Authors

1 PhD Student in Public International Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran.

2 Professor, Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

3 Assistant Professor, Department of Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran.

10.30510/psi.2022.347309.3579

Abstract

The great mission of international law is ultimately to establish world order, peace and security, which is one of the most fundamental concerns of humanity today. Intellectual property law is also a bridge between international law and private law, it has the protection of international law and is currently one of the most important issues of the present age due to its unlimited application; Its importance becomes even more apparent when it breaks down geographical borders in the international arena, leads to growth, brings scientific advances to countries, and exhibits its effects from one country to another. But what is the role and place of intellectual property rights with such wide dimensions on the most important goal and mission of the international legal system, which is the realization of world order, peace and security? In this study, by examining the position of intellectual property rights in the international legal system, it was concluded that in addition to its positive effects on the fulfillment of international obligations, intellectual property rights also have negative effects on these obligations and in some cases lead to violations of international obligations. And endangers world peace and security. The production, invention, use and proliferation of weapons of mass destruction by intellectual property rights holders, the monopoly on the production of drugs, medical equipment, vaccines and sanctions for other countries are examples of violations of world peace and security that unfortunately in international intellectual property regulations There is no enforcement to prevent these cases, but sometimes

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