Intellectual Property Rights vs. Social Justice : A critical analysis of contradiction between Intellectual Property Rights and Social Justice

Abstract

The debate between Intellectual Property Rights and Social Justice has arisen today more than the past. Intellectual property theorists seek to balance the moral and economic rights of creators and inventors with the wider interests and needs of the society. According to liberal legal scholars, intellectual property law should focus on protecting exclusive rights and the right to monopoly exploitation of any intellectual property. But they do not focus on social rights. The main reason for making a Conflict between Intellectual Property Rights and Social Rights is the discrepancy of private interest and social interest. According to Hans Kelsen, the law must be a social engineering instrument which is balancing the intern conflicting social rights. But the question is, does the contemporary Intellectual Property law able to protect the social rights from economic rights? Another question is, how do the IP rights impact the public interest and social justice by challenging human rights, environment, and culture?