Human Rights Day Special Edition
#humanrightsday #intellectualpropertyandhumanrighst #humanrightsoureverydayessential #IHRD2025 #Humanrightsdayt2025
Dear IPFRIENDS
We should all be human rights activists. Human Rights Day is usually observed annually every 10th December around the world. This year, last week, I believe everyone used the opportunity to share their everyday essentials and freedoms that shape our lives, such as the right to speak, the right to learn, the right to work with dignity, and the right to live free from discrimination.
A look at Chapter 4 of the Nigerian Constitution shows that all of these everyday essentials have been provided in line with Article 27 of the Universal Declaration of Human Rights (UDHR) landmark document that enshrines the inalienable rights that everyone is entitled to as a human being, regardless of race, colour, religion, sex, language, political or other opinion, national or social origin, property, birth or other status. This article calls upon States to recognize the right of any person to the protection of the moral and material interests resulting from any scientific, literary, or artistic production of which they are the author.
Furthermore, Article 15 of the International Covenant on Economic, Social and Cultural Rights provides that States Parties to the present Covenant recognize the right of everyone:
(a) To take part in cultural life;
(b) To enjoy the benefits of scientific progress and its applications;
(c) To benefit from the protection of the moral and material interests resulting from any scientific, literary, or artistic production of which he is the author.
Also, there is the EU Charter of Fundamental Rights, per Article. 17(2) makes provision for the protection of intellectual property to be recognised as a fundamental right within the European Union, and Article 15 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), which reinforces the right of authors and inventors to benefit from their work.
Interestingly, in a recent update as seen on LinkedIn, the Ukrainian delegation at the 47th Session of the Standing Committee on Copyright and Related Rights (SCCR) of the World Intellectual Property Organization (WIPO) in Geneva, Switzerland 🇨🇭 informed the Committee that on 5 November 2025, the Parliament of Ukraine had adopted in first reading amendments to Book II of it’s Civil Code and, for the first time, defined digital human rights. These include the right to one’s image, voice, and digital identity in the context of artificial intelligence. Which I believe is in view of the conversation about artificial intelligence and copyrighted material.
For day 71 of the ongoing IPSERIES Christmas Countdown, this episode will highlight the interplay of “Creativity, Identity and Human Rights: Why Protecting IP is Protecting People, Especially Women, Disabled Persons and Young Creators and Inventors.”
This newsletter is an offshoot of my presentation at “The Reform Table’s Human Rights Day Edition where I focused on the once strange relationship between human rights and intellectual property, which is now becoming intimate, all thanks to some similarity with the exclusive monopoly protection accorded to an intellectual property owner to the collective protection of rights tagged essential from the human rights angle. However, the infringement requirement will determine how intimate and essential these rights are.
What’s the Relationship Between These Two That is Present in Our Everyday Essentials?
These rights marry when they intersect in the protection of our fundamental aspects of human dignity, creativity, and access to essential goods and freedoms, for instance;
The right to health versus the right of a medicine patent owner to monopolise access to the making of the drug and raising its cost; therefore, the need to balance these will ensure that innovation is rewarded, but the lifesaving drugs remain accessible to the people who need them.
Copyright as another form of IP will protect authors and publishers, but overly strict enforcement can limit access to textbooks, research, and digital learning, which is why exceptions like “fair dealing” or compulsory licensing, or special exceptions for beneficiary persons like the blind, visually impaired, or print disabled persons, aim to reconcile these interests and
The hottest topic at the moment, AI and digital platforms, IP intersects with new human rights, such as the right to one’s image, voice, and identity online and so grows the need to protect one’s digital identity as both an IP and human rights issue. to which at this year’s
According to Christophe Geiger “human rights are still the most efficient and legitimate tools to guide the design and use of intellectual property law, and to inform sound policies in this field.
Challenges IP Owners Face
Balancing creativity and innovation with access to knowledge;
Navigating enforcement in a digital age, from the domestic, regional, and international levels,
Ensuring that creators and inventors in developing economies like Nigeria are not marginalized,
The digital age vulnerabilities, such as Piracy, counterfeiting, and unauthorized use, undermine creators’ ability to control their work.
More than ever, there is a need to recognize IP as a basic human right, which means defending the ability of inventors, artists, and entrepreneurs to enjoy the fruits of their labor while ensuring equitable access for society.
What is the available Dispute Mechanism that can resolve the Conflict Between Human Rights and Intellectual Property Rights?
Conflict of laws in resolving this special type of dispute will depend on the relationship between the parties, the nature of the dispute, and the urgency of the scenario in striking a balance between intellectual property rights and human rights
Disputes like the rights of indigenous peoples and traditional knowledge, right to recognize the creator and secure economic gain, with only token references to knowledge users, with little emphasis on female and beneficiary persons who are contributors to these IP works
Bodies That Hear Human Rights and Intellectual Property Related Disputes
The Domestic court that has the jurisdiction to hear human right and intellectual property dispute.
Specialized Courts, if any, depending on the jurisdiction, are created to handle any likely divorce or separation as it applies to human rights and intellectual property related rights.
WTO’s Dispute Settlement Body (DSB),
United Nations Human Rights Mechanisms,
United Nations Guiding Principles on Business and Human Rights
Furthermore, these are also the following Intergovernmental Organizations Relevant to A Human Rights Framework for Intellectual Property
A. UNESCO: The Convention on the Protection and Promotion of the Diversity of Cultural Expressions
B. WHO: The Medical Research and Development Treaty
C. WIPO: The Development Agenda and Access to
Knowledge Treaty
Remedies in Human Rights and Intellectual Property Disputes
Whether it is a domestic or international dispute, the following remedies will ensure that everyday essentials, reaffirm the values of human rights and intellectual property.
Remedies for IP infringement will include: civil remedies such as injunctions, damages, indemnification of the Defendant, and criminal sanctions, while remedies for human rights claims may be heard through the regular course of a civil or criminal case, or an ad hoc or permanent commission may be established to monitor and write reports on immediate or ongoing issues
Gap in the marriage between Human Rights and Intellectual Property
The term of duration
Statute of limitation
Enabling law that encourages
In conclusion, the relationship we see between IP and human rights is not about conflict alone but about balance in using our everyday essentials. Geiger argues that human rights are still the most efficient and legitimate tools to guide the design and use of intellectual property law and I hope this newsletter helps you in bridging the gap between human rights principles, intellctual property rights, and your everyday experiences, by creating awareness and encouraging a collective action.
Please share this email with your friends and contact groups if you enjoyed reading it. You can also contact me at ipseriesinfo@gmail.com.
Thank you for your support and feedback. Stay tuned for more updates on intellectual property from IPSERIES and dits Christmas Countdown.