A Critical Examination of the Tension Between Consumer Rights and Intellectual Property Rights

Articles in Press

Document Type : Research Paper

Author

Assistant Professor in Private Law, Department of Law, Faculty of humanity, Jahrom University, Jahrom, Iran

10.22034/law.2025.67548.3493

Abstract

The rapid advancement of intellectual phenomena and their pervasive expansion have led to their intersection with other domains—including consumer rights. However, the inherently monopolistic and protectionist nature of intellectual property rights have challenged both established economic frameworks and consumer protection regimes. From a legal perspective, a nuanced understanding of the interplay between intellectual property doctrines and consumer rights is crucial for effective regulation, policy formulation, and economic governance in any society. Against this backdrop, the present study seeks to address a fundamental question: What role can consumers occupy within the intellectual property ecosystem? This article elucidates the conceptualization of the consumer within the framework of IP law while highlighting the ostensible discord between these two legal constructs. The tension arises from two competing propositions: (1) the promotion of innovation through exclusive rights allocation, and (2) the realization of economic efficiency by maximizing consumer welfare. The study demonstrates that, contrary to initial appearances, intellectual property rights are not inherently antithetical to consumer rights in the long term. Rather, the resultant monopoly is not absolute, and mechanisms such as the fair use doctrine, exhaustion of rights (first-sale doctrine), and compulsory licensing can substantially recalibrate the balance in favor of consumers.

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Main Subjects

Jurisprudence and Islamic Law

Articles in Press, Accepted Manuscript
Available Online from 03 December 2025

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