Contrarius Series: Law & Social Justice
Vol. 1 No. 2 (2026): Contrarius Series: Law & Social Justice

The Impact of Human Right on Royalty Restrictions in Intellectual Property

Citra , Made Emy Andayani (Unknown)



Article Info

Publish Date
09 Mar 2026

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.

Copyrights © 2026






Journal Info

Abbrev

LSJCP

Publisher

Subject

Education Energy Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

Description

Contrarius Series: Law & Social Justice is an Proceedings Open Access publication series dedicated to archiving conference proceedings in all areas related to Law, Crime, Environment, Energy, Education, Economic, Tourism and Social Justice. The Contrarius Series: Law & Social Justice covers the ...