INTELLECTUAL PROPERTY VS. HUMANITARIAN LAW IN CONFLICT Cover Image

INTELLECTUAL PROPERTY VS. HUMANITARIAN LAW IN CONFLICT
INTELLECTUAL PROPERTY VS. HUMANITARIAN LAW IN CONFLICT

Author(s): Imer Ademović, Gordana Nikolić
Subject(s): International Law, Human Rights and Humanitarian Law, Sociology of Law, Peace and Conflict Studies
Published by: Evropski defendologija centar za naučna, politička, ekonomska, socijalna, bezbjednosna, sociološka i kriminološka istraživanja
Keywords: intellectual property; humanitarian law; armed conflict; patent rights; humanitarian crisis; international law;

Summary/Abstract: This scientific article analyzes the complex relationship between intellectual property rights and international humanitarian law in the context of contemporary armed conflicts. The research focuses on identifying key points of conflict between these two legal regimes, particularly in situations where patent and copyright protection collides with humanitarian imperatives of protecting civilian populations and ensuring access to essential goods. Through analysis of relevant international legislation, case law, and concrete cases from recent conflicts, the paper explores possibilities for harmonizing these legal systems. Special attention is given to issues of access to medicines, medical technologies, and humanitarian aid in conditions of armed conflict, where patent rights can present obstacles to effective humanitarian intervention. Research results indicate the need for developing more flexible legal mechanisms that would enable temporary suspension of certain aspects of intellectual property in humanitarian crises, while simultaneously preserving basic principles of innovation protection. The paper›s conclusions offer concrete recommendations for reforming the existing international legal framework to achieve better balance between economic interests of intellectual property rights holders and fundamental humanitarian needs in conflict situations.

  • Issue Year: 29/2025
  • Issue No: 56
  • Page Range: 57-79
  • Page Count: 23
  • Language: English
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