December 2025
by Marta Datcu
International Human Rights Day is one of the moments to pause and reflect on a topic that sits at the heart of our practice:
the intricate and evolving relationship between intellectual property (IP) and human rights.
The right to intellectual property has long been recognized as a self-standing human right. A closer look at Article 27 of the Universal Declaration of Human Rights shows how the framework seeks to:
- Protect Creators: through safeguarding the “moral and material interests” of authors in their scientific, literary, or artistic creations, and
- Ensure Public Access: by affirming “the right of individuals to freely participate in cultural life, enjoy the arts, and share in scientific advancement and its benefits.”
This built-in duality, protecting both creators and the public, captures the delicate balance IP law seeks to maintain, where tensions can naturally surface, whether between copyright and freedom of expression, patent rights and the right to health, or digital copyright controls and privacy rights.
As technological advancements accelerate, integrating human rights considerations into IP decision-making becomes increasingly central. As with other economic frameworks, IP does not operate in a vacuum.
The United Nations has long emphasized the primacy of human rights where tensions emerge between economic policies and fundamental freedoms.
Today’s rapidly shifting landscape will inevitably continue to raise important and complex questions, but one principle remains clear:
IP practitioners and concerned parties must remain responsive to broader human rights concerns.
Let us all view IP – today and beyond – as an essential and vivid component of human dignity and creative freedom.
Human Rights Day is observed annually around the world on 10 December.
More details HERE.