Published Paper Details:

This study is premised on the increasing relevance of intellectual property rights and the concomitant growth of intellectual property law. This trend is likely to continue and intellectual property rights will be increasingly affected by armed conflict and other situations of violence, despite the assumption that certain intellectual creations are not intended to be used in such situations. It is important to protect these rights so that they are not lost through disregard or ignorance during times of war. On the other hand, there may be circumstances in which it is in the interest of humanity that intellectual property rights be limited or overridden to facilitate the flow of information or to ensure that necessary products are available at affordable prices. To strike an appropriate balance it is important to understand the relations between intellectual property rights and international humanitarian law from both protective and derogatory viewpoints. Furthermore, the application of intellectual property rights has the potential to both alleviate or aggravate a conflict situation or the suffering of victims, and understanding how this can be either avoided or encouraged is crucial.