Voynikanis, E.A. The paradigm of intellectual rights in terms of international human rights law

Abstract: The topic under research is the general trends in the development of the paradigm of intellectual rights in terms of international human rights law. The author of the article proves the difference between the author’s right to legal defense as one of the human rights and intellectual rights as part of the positive law. A the analysis of the Universal Declaration of Human Rights and International Covenant on Economic, Social and Cultural Rights demonstrates, the research of regulation of intellectual rights from the point of view of the human rights allows to define and examine the problem of the balance of authors’ and society’s interests in general. The main research method used by the researcher for studying general trends in the development of the paradigm of intellectual rights is the comparative law analysis allowing the author of the article to examine interpretations of intellectual property in international acts on the human rights put forth by the United Nations, the Council of Europe and European Union. The author concludes that the tendency to move the focus from cultural aspects to economic terms is negative because it reduces the social function of intellectual rights. At the same time, the tendency to maintain a stable relationship between intellectual right and information rights of human indicates that there has been a paradigm shift caused by the development of information technologies.

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