Guaranteeing enforcement of violations of international law by intellectual property rights owners; A look at historical legal sources

Subject Areas : Journal of History (Tarikh)

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: 2022-06-24 Accepted : 2022-07-24 Published : 2023-05-22

Keywords: International law, International Peace and Security, Enforcement of International Violations, Owners of Intellectual Property Rights,

Abstract :

Today, one of the most fundamental concerns of humanity is the maintenance of world peace, security and order, and international law always tries to maintain international order and peace by establishing treaties and establishing organizations. Intellectual property rights, which in today's world have transcended geographical boundaries due to their excessive use and have become very important internationally, have caused great scientific, cultural, artistic, exploratory and inventive changes. But he has appeared in the international arena with dual faces. On the one hand, growth follows the progress of science, industry and art, and on the other hand, it is a tool in the hands of intellectual property rights holders to violate international peace and security. There are many examples in the world today, such as the use and proliferation of weapons of mass destruction, the monopoly of the right to produce drugs and the lack of access of countries to it, which shows the violation of international peace and security by intellectual property rights holders. But what are the mechanisms by which intellectual property law and international law violate international law and, in fact, international peace and security? Examination of documents related to intellectual property rights and guarantees of their implementation shows that there is no guarantee that international property rights holders who violate international peace and security will violate international peace and security. In international law, the mechanisms provided for in international instruments, except for issuing resolutions, declarations, reporting and announcing them to other governments, do not guarantee practical implementation,