Explain the dimensions and components of the position of intellectual property rights in the system of public international law

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

Pezhman Mirkarimi ¹ , Seyed Bagher Mirabbasi ² , Maryam Moradi ³

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.

Received: 2022-06-17 Accepted : 2022-10-25 Published : 2023-03-21

Keywords: intellectual property rights, International law, international obligations, global peace and security,

Abstract :

The purpose of this research is to explain the dimensions and components of the position of intellectual property rights in the general international law system. In the end, the great mission of international law is the establishment of order, peace and security in the world, which is considered one of the most fundamental concerns of humanity today. Intellectual property rights are also a bridge between international law and private law, it is protected by international laws and is considered one of the most important issues of the present age due to its limitless application. Its importance is more evident when it breaks geographical borders in the international arena, brings growth, scientific progress to countries and shows its effect from one country to another. But what is the role and position of intellectual property rights with such broad dimensions on the most important goal and mission of the international law system, which is the realization of global order, peace and security? In this research, by examining the place of intellectual property rights in the international legal system, it was concluded that intellectual property rights, in addition to their positive effects on the fulfillment of international obligations, also have negative effects on these obligations and in some cases, their effects lead to the violation of international obligations. and endangers global peace and security. The production, invention, use and expansion of weapons of mass destruction by the owners of intellectual property rights, monopolizing the production of drugs, medical equipment, vaccines and