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All Journal Contrarius Series: Law & Social Justice
Citra , Made Emy Andayani
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Education Energy Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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The Impact of Human Right on Royalty Restrictions in Intellectual Property Citra , Made Emy Andayani
Contrarius Series: Law & Social Justice Vol. 1 No. 2 (2026): Contrarius Series: Law & Social Justice
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/cslsj.v1i2.144

Abstract

The limitation of royalties within the intellectual property regime gives rise to tension between the protection of creators’ exclusive rights and the fulfillment of public interests, particularly from a human rights perspective. This study aims to analyze the ontological dimension of royalty limitations and their implications for human rights.The research questions addressed in this study concern the ontological nature of royalty limitations and their implications for the balance between intellectual property rights and human rights. This research employs a normative legal research method, utilizing statutory, conceptual, and philosophical approaches. The findings indicate that royalty limitations constitute an inherent aspect of intellectual property rights, which are non-absolute in nature and embody a social function. Such limitations play a significant role in expanding public access to healthcare, education, and knowledge; however, they may also diminish the protection of creators’ economic rights if not regulated proportionately. Accordingly, regulatory frameworks emphasizing the principles of proportionality and the balancing of interests are required to achieve harmonization between the protection of intellectual property and the fulfillment of human rights.
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