| Abstract [eng] |
This Master's thesis analyzes the relationship between patent law and human rights, as well as the challenges of reconciling these two fields in the context of global technological development. It first explores the conceptual connection between patent protection and fundamental human rights—such as the right to health, access to information, privacy, and the right to benefit from scientific progress—and highlights the potential for conflicts between them. The thesis finds that while patent law aims to promote innovation, its implementation can pose risks to human rights, particularly in areas such as access to medicines, the patenting of genetic inventions, and the application of artificial intelligence. International agreements, such as the TRIPS Agreement, and the variations in their interpretation across different regions are examined in detail. Special attention is given to mechanisms like compulsory licensing, exceptions for public use, and the principle of prioritizing public interest, which can be applied to balance intellectual property protection with the safeguarding of human rights. The thesis also considers the impact of emerging technologies, such as artificial intelligence and blockchain systems, on the patent system and human rights enforcement. It concludes that current international and national legal frameworks do not always ensure a proportionate and effective reconciliation of these two domains, highlighting the need for more flexible and value-driven approaches. The study demonstrates that reconciling patent law with human rights requires not only legal but also ethical consideration, which should be reflected in both legislative processes and practical application, especially when addressing access to life-saving innovations. |
