Intellectual Property Law And Human Rights

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Intellectual Property Law and Human Rights

Paul Torremans

Author : Paul Torremans
Publisher : Kluwer Law International B.V.
Page : 1005 pages
File Size : 54,7 Mb
Release : 2020-06-08
Category : Law
ISBN : 9789403513140

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Intellectual Property Law and Human Rights by Paul Torremans Pdf

Intellectual Property Law and Human Rights Fourth Edition Edited by Paul L.C. Torremans Once regarded as a niche topic, the nexus of intellectual property and human rights now lies in the eye of the storm that is today’s global economy. In this expanded new edition of the pre-eminent work in this crucial area of legal theory and practice – with nine completely new chapters – well-known authorities in both intellectual property law and human rights law present an in-depth analysis and discussion of essential and emerging issues in the convergence of intellectual property law and human rights law. The fourth edition is fully updated to address current matters as diverse as artificial intelligence, climate change, and biotechnological materials, all centred on the relations between intellectual property and freedom of expression and the fundamental right to privacy in an intellectual property environment. The contributors address such topics as the following and more: the status of copyright as a fundamental right; fair use, transformative use, and the US First Amendment; intellectual property in the jurisprudence of the European Court of Human Rights; freedom to receive and impart information under the EU Charter of Fundamental Rights; how to mitigate the risks article 17 of Directive 2019/970 poses to freedom of expression; fair dealing defences; algorithmic copyright enforcement and free speech; developing a right to privacy for corporations; expanding the role of morality and public policy in European patent law; and ethical and religious concerns over patenting biotechnological inventions. As human rights issues continue to arise in an intellectual property context, practitioners, academics, and policymakers in both fields will continue to recognize and use this well-established cornerstone work in the debate as a springboard to the future development of the ever more prominent interface of intellectual property and human rights.

Intellectual Property Law and Human Rights

Paul Torremans

Author : Paul Torremans
Publisher : Unknown
Page : 0 pages
File Size : 50,5 Mb
Release : 2015
Category : Copyright
ISBN : 9041158367

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Intellectual Property Law and Human Rights by Paul Torremans Pdf

Human rights issues arise more and more often in an intellectual property context. ' Intellectual property and human rights' is the first comprehensive analysis of this emerging nexus of legal issues. In twenty-one incisive essays, well-known authorities in both intellectual property law and human rights law present in-depth analysis and discussion of such essential topics as the following: The human rights credentials of copyright and other intellectual property rights; The relations between copyright and freedom of speech and of expression, from the perspectives of both North American and European law; The relevance to copyright of the public interest defence in European law; The way trade marks and human rights interfere; The human rights and morality aspects of biotechnological patents and stem cell patents; The interaction between human rights and geographical indications; and The fundamental rights of privacy in an intellectual property environment. In the years to come, more and more lawyers will be confronted with issues involving the interaction of intellectual property and human rights. As a groundbreaking work ' Intellectual property and human rights' will be seen as a cornerstone of the debate. Practitioners, academics and policymakers in both fields will immediately recognize its value as a springboard to the informed future development of this new and crucial area of legal theory and practice.

Intellectual Property and Human Rights

F. W. Grosheide

Author : F. W. Grosheide
Publisher : Edward Elgar Publishing
Page : 329 pages
File Size : 49,6 Mb
Release : 2010-01-01
Category : Political Science
ISBN : 9781849802048

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Intellectual Property and Human Rights by F. W. Grosheide Pdf

. . . very refreshing. . . a valuable contribution to the debate. European Intellectual Property Review The collection of articles makes a valuable contribution to current debates on these critically important issues by providing a range of views on the human rights implications of intellectual property law and policy. Madhu Sahni, Journal of Intellectual Property Rights Gathering together essays by leading commentators, Professor Willem Grosheide s timely book offers an excellent overview of the many significant questions of social and legal policy that emerge at interface between intellectual property and human rights. . . Providing a range of views on the human rights implications of intellectual property law and policy, this collection makes a valuable contribution to current debates on these critically important issues. Graeme Austin, University of Arizona, US In the modern era where the rise of the knowledge economy is accompanied, if not facilitated, by an ever-expanding use of intellectual property rights, this timely book provides a much needed explanation to the relationship between intellectual property law and human rights law. The contributors promote the view that this relationship should be central to the analysis of many of the profound problems that nation states and the international community encounter today, be they scientific, technological or cultural. The book is divided into sections covering the law and its trends, IP rights as human rights and human rights as restrictions to IP rights. This stimulating book will appeal to academics, postgraduate students, national and international public authorities and those involved with international organizations in the fields of intellectual property law and human rights law.

Human Rights and Intellectual Property

Laurence R. Helfer,Graeme W. Austin

Author : Laurence R. Helfer,Graeme W. Austin
Publisher : Cambridge University Press
Page : 567 pages
File Size : 47,8 Mb
Release : 2011-03-07
Category : Law
ISBN : 9781139496919

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Human Rights and Intellectual Property by Laurence R. Helfer,Graeme W. Austin Pdf

This book explores the interface between intellectual property and human rights law and policy. The relationship between these two fields has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic political and judicial venues. These actors often raise human rights arguments as counterweights to the expansion of intellectual property in areas including freedom of expression, public health, education, privacy, agriculture, and the rights of indigenous peoples. At the same time, creators and owners of intellectual property are asserting a human rights justification for the expansion of legal protections. This book explores the legal, institutional, and political implications of these competing claims: by offering a framework for exploring the connections and divergences between these subjects; by identifying the pathways along which jurisprudence, policy, and political discourse are likely to evolve; and by serving as an educational resource for scholars, activists, and students.

Intellectual Property, Human Rights and Development

Duncan Matthews

Author : Duncan Matthews
Publisher : Edward Elgar Publishing
Page : 305 pages
File Size : 44,8 Mb
Release : 2011-01-01
Category : Law
ISBN : 9780857931245

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Intellectual Property, Human Rights and Development by Duncan Matthews Pdf

'Each chapter analyses both policy areas, access to medicines and agriculture/genetic resources. These three exceptionally rich, fieldwork-based case studies constitute the meat – and the principal contribution – of this book. . . The book marks a major contribution for the empirical material alone.' – Ken Shadlen, Journal of Development Studies 'Duncan Matthews has produced a first-rate, in-depth analysis of the role of NGOs in international and national intellectual property policy. Based on extensive primary research, this book provides a smart, thoughtful perspective on the role of key developing country NGOs, NGOs' relationships with national policymakers, and with multilateral institutions. Everyone interested in the interface of intellectual property policy and human rights, development, access to medicines, farmers' rights, and biodiversity should read this compelling account. I highly recommend this excellent contribution to our understanding.' – Susan K. Sell, George Washington University, US 'One of the features of international negotiations has been the increasing participation of non-governmental organizations. In this important book, Duncan Matthews shows the nature and extent of NGO influence in the negotiations over intellectual property. Written with great clarity and drawing on interview data and case studies, the book will be valuable to both scholars and practitioners working in international negotiation.' – Peter Drahos, Australian National University 'This book reveals how non-governmental organizations helped developing countries to better understand and mitigate the impact of the new standards of intellectual property protection that those countries were forced to adopt in the context of trade negotiations. Based on comprehensive and rigorous research, the author offers an outstanding piece that will not only be important for academics, policy-makers and students working in the area of intellectual property, but also for those more broadly interested in the implementation of human rights, coalition-building scenarios and framing strategies.' – Carlos Correa, University of Buenos Aires, Argentina 'This is a valuable corrective to a debate that is too often premised on the perspective of rich and developed countries. Focussing on the network of NGOs that supports developing countries, Duncan Matthews fills a major gap in the analysis of international disputes about intellectual property. His analysis rightly demolishes the position that developing countries have remained helpless in the face of developments in the global governance of IPRs, and helps explain how the global politics of IPRs is shifting.' – Christopher May, Lancaster University, UK This insightful and important new book explores the role played by non-governmental-organizations (NGOs) in articulating concerns at the TRIPS Council, the WIPO, the WHO, the CBD-COP and the FAO that intellectual property rights can have negative consequences for developing countries. Duncan Matthews describes how coalitions of international NGOs have influenced the way that the relationship between intellectual property rights and development is understood, often framing the message as a human rights issue to emphasize these concerns and ensure that access to medicines, food security and the rights of indigenous peoples over their traditional knowledge are protected. Based on extensive research undertaken in Geneva and in developing countries, the book also reveals how NGOs and broader social movements in Brazil, India and South Africa have played a crucial role in addressing the negative impacts of intellectual property rights by using human rights law as a practical tool before national courts and when seeking to influence national legislation and government policy. Intellectual Property, Human Rights and Development will appeal to academics, practitioners, activists, international negotiators and postgraduate students in intellectual property law, human rights law, the international political economy of intellectual property rights and development studies.

Research Handbook on Human Rights and Intellectual Property

Christophe Geiger

Author : Christophe Geiger
Publisher : Edward Elgar Publishing
Page : 752 pages
File Size : 41,9 Mb
Release : 2015-02-27
Category : Law
ISBN : 9781783472420

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Research Handbook on Human Rights and Intellectual Property by Christophe Geiger Pdf

Research Handbook on Human Rights and Intellectual Property is a comprehensive reference work on the intersection of human rights and intellectual property law. Resulting from a field-specific expertise of over 40 scholars and professionals of world re

A Human Rights Framework for Intellectual Property, Innovation and Access to Medicines

Dr Joo-Young Lee

Author : Dr Joo-Young Lee
Publisher : Ashgate Publishing, Ltd.
Page : 305 pages
File Size : 41,7 Mb
Release : 2015-07-28
Category : Law
ISBN : 9781472410610

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A Human Rights Framework for Intellectual Property, Innovation and Access to Medicines by Dr Joo-Young Lee Pdf

This study primarily explores whether conflicts between patents and human rights in the context of access to medicines are inevitable, or whether patents can be made to serve human rights. The author argues that it is necessary to have a deepened understanding of each of the two sets of norms that govern this issue, that is, patent law and international human rights law. The chapters investigate the relevant dimensions of patent law and analyse particular human rights bearing upon the issue of intellectual property and access to medicines.

Intellectual Property, Human Rights and Competition

Abbe Elizabeth Lockhart Brown

Author : Abbe Elizabeth Lockhart Brown
Publisher : Edward Elgar Publishing
Page : 273 pages
File Size : 54,8 Mb
Release : 2012-01-01
Category : Law
ISBN : 9780857934970

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Intellectual Property, Human Rights and Competition by Abbe Elizabeth Lockhart Brown Pdf

ÔAbbe BrownÕs new work provides a welcome and extremely valuable addition of the human rights dimension to the long standing conflict over essential technologies between intellectual property and competition law.Õ Ð Steven Anderman, University of Essex, UK and University of Stockholm, Sweden ÔMuch has been written on the flexibilities available within the intellectual property system to address development and social needs. This book goes a step further: it explores how greater access to essential technologies can be ensured through human rights and competition law. Although the analysis is focused on UK and the European Union, the book provides valuable insights for assessing the situation in other jurisdictions. The author suggests an innovative approach for courts and legislators to overcome, in the light of public interest considerations, the limits imposed by intellectual property rights. This book is a much welcomed contribution to academic and policy debates on the subject.Õ Ð Carlos M. Correa, University of Buenos Aires, Argentina ÔIntellectual property interacts (or clashes?) with human rights and competition law. The refreshing bit about this book is that a detailed practical approach to the inevitable balancing act is proposed. Abbe Brown explains how a human rights approach is the cornerstone of such a balancing approach and how positive results can be achieved towards unblocking essential technologies. And it can be done in the existing international legal framework, even if the latter could be improved. Well-researched, challenging and interesting reading!Õ Ð Paul Torremans, University of Nottingham, UK ÔAbbe BrownÕs study starts from the assumption that IP right owners, particularly those of innovative technologies, dispose of a disproportionate strong legal position in relation to that of competitors and customers, which is detrimental to society at large. Brown investigates how the power of the IP right owners can be limited by applying existing human rights law and competition law. To that aim it is suggested to widen the legal landscape and to develop a more tripartite substantive approach to IP law, human rights law and competition law. BrownÕs study offers a very welcome new contribution to the literature on the functioning of IP law, by stressing the joint role which competition law and human rights law can play in this respect.Õ Ð F. Willem Grosheide, Utrecht University and Attorney at law, Van Doorne Amsterdam, The Netherlands This detailed book explores the relationship between intellectual property, competition and human rights. It considers the extent to which they can and must be combined by decision makers, and how this approach can foster innovation in key areas for society Ð such as pharmaceutical drugs, communications software and technology to combat climate change. The author argues that these three legal fields are strongly interrelated and that they can be used to identify essential technologies. She demonstrates that in some cases, combining the fields can deliver new bases for wider access to be provided to technologies. The solutions developed are strongly based on existing laws, with a focus on the UK and the EU and the structures of existing forms of dispute resolution, including the European Court of Human Rights and the dispute settlement bodies of the World Trade Organisation. The final chapters also suggest opportunities for further engagement at international policy and activist level, new approaches to IP and its treaties, and wider adoption of the proposals. This timely book will appeal to academics and practitioners in IP, competition and human rights, as well as innovation-related industry groups and access to knowledge, health and environment activists.

Intellectual Property, Community Rights and Human Rights

Marcelin Tonye Mahop

Author : Marcelin Tonye Mahop
Publisher : Routledge
Page : 216 pages
File Size : 47,7 Mb
Release : 2010-06-10
Category : Business & Economics
ISBN : 9781136980459

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Intellectual Property, Community Rights and Human Rights by Marcelin Tonye Mahop Pdf

This book considers the issue of biodiversity in developing countries in relation to intellectual-property rights, community rights and human rights. Drawing together a number of case studies of developing countries rich in biological and genetic resources including India, South Africa and Brazil, the book examines the access to PGRs and their utilizations in the contexts of scientific and commercial oriented activities pursued both in the source and user countries. Exploring how community rights are protected in national biodiversity-related regulations and some international legal instruments, Marcelin Tonye Mahop also discusses the relationship between community rights and human rights in the context of biodiversity. The book looks at the issue of bio-piracy, asking whether this phenomenon should only be seen as a North–South clash, whereby biodiversity rich countries of the Southern Hemisphere blame developed countries and their actors as its principal perpetrators. While recognizing that developing countries' actors play a role in this bio-piracy phenomenon, the book goes on to suggest alternative measures for the legal protection of community rights at the national level with the possibility of national and international enforceability. Essential reading for students and scholars of intellectual-property rights, biodiversity regulations and human rights, this book will also be of great value to researchers and members of professional organizations working in these subject areas. National and regional negotiators in the international processes dealing with the issues covered in the book will find it a useful tool that can help them to understand various facets of these processes.

The Oxford Handbook of Intellectual Property Law

Rochelle Cooper Dreyfuss,Justine Pila

Author : Rochelle Cooper Dreyfuss,Justine Pila
Publisher : Oxford University Press
Page : 1025 pages
File Size : 50,7 Mb
Release : 2018
Category : Law
ISBN : 9780198758457

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The Oxford Handbook of Intellectual Property Law by Rochelle Cooper Dreyfuss,Justine Pila Pdf

A comprehensive overview of intellectual property law, this handbook will be a vital read for all invested in the field of IP law. Topics include the foundations of IP law; its emergence and development in various jurisdictions; its rules and principles; and current issues arising from the existence and operation of IP law in a political economy.

Framing Intellectual Property Law in the 21st Century

Rochelle Cooper Dreyfuss,Elizabeth Siew-Kuan Ng

Author : Rochelle Cooper Dreyfuss,Elizabeth Siew-Kuan Ng
Publisher : Cambridge University Press
Page : 373 pages
File Size : 43,8 Mb
Release : 2018-10-18
Category : Business & Economics
ISBN : 9781107135383

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Framing Intellectual Property Law in the 21st Century by Rochelle Cooper Dreyfuss,Elizabeth Siew-Kuan Ng Pdf

The book describes how intellectual property law is framed by theories about incentives, trade, health, development, and human rights.

Global Intellectual Property Law

Graham Dutfield,Uma Suthersanen

Author : Graham Dutfield,Uma Suthersanen
Publisher : Edward Elgar Publishing
Page : 381 pages
File Size : 40,6 Mb
Release : 2008-01-01
Category : Law
ISBN : 9781848443860

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Global Intellectual Property Law by Graham Dutfield,Uma Suthersanen Pdf

. . . the book is enlightening for practitioners who are often required to take into account global considerations when advising clients. . . It would be of particular interest to policy-makers in the intellectual property field. Australian Intellectual Property Law Bulletin Dutfield and Suthersanen have skillfully captured in one concise volume all the important things you need to know about international intellectual property law. The materials are accessible, timely, methodically presented and at times critical. The book s detailed, in-depth and comparative analyses provide helpful insights into the increasingly complex international intellectual property system. Global Intellectual Property Law is not only an effective textbook for students interested in the subject, but a desktop companion for policymakers and professionals who need a quick and up-to-date overview of global intellectual property issues. Peter K. Yu, Drake University, US and Zhongnan University of Economics and Law, China Today global intellectual property rules affect everything from poor people s access to essential medicines to farmers rights in seeds to access to knowledge on the Internet. But at the same time that pundits declare that intellectual property has come of age, this body of law is more contested than ever, with critics asking whether intellectual property is even necessary to stimulate innovation, and whether and how intellectual property ought to be tailored to address the health and developmental needs of the global South. Dutfield and Suthersanen s Global Intellectual Property Law is a timely and lucid contribution to the field. This tome covers every hot button area of international intellectual property law and policy, from debates over the affect of intellectual property on development, to controversy over biotechnology and property rights in life, to claims by indigenous people and developing countries for new property rights in traditional knowledge. Dutfield and Suthersanen describe the current terrain, comparing North American, European, and developing world approaches; much to their credit, they do not shy away from describing points of tension among global actors. Global Intellectual Property Law is a must have for scholars and practitioners in the field for whom, I anticipate, the book will become a trusted and oft-used reference on their bookshelf. The book is clearly written and engaging enough to be perfect for students or laypersons interested in acquiring a comprehensive and critical appraisal of the field. Madhavi Sunder, University of California, Davis, US Dutfield and Suthersanen have succeeded in writing an engaging treatise that offers a truly modern perspective on intellectual property today. With examples from every continent, from every level of jurisdiction (national, regional, international), their study covers all the traditional fundamentals of intellectual property law as well as the current critical interrogations that their development raises. It is a book with character. Ysolde Gendreau, Université de Montréal, Canada Global Intellectual Property Law by Dutfield and Suthersanen provides a broad overview of the issues at stake concerning fair and effective ways to organize the information resources upon which the well-being of us all depends. The book highlights international and comparative perspectives on IP law and policy. Although primarily targeted at postgraduate level students, the book is enlightening also for practitioners, and a must-read for all policy makers and opinion leaders in the IP field. Thomas Dreier, University of Karlsruhe, Germany Globalisation of trade means that intangible informational resources are now produced, bartered and consumed anywhere and everywhere defying jurisdictional borders. Intellectual property has moved into the mainstream of national economic and developmental planning; in the recent past it has also emerged as the central impetus in multilateral

Human Rights and Intellectual Property Rights

Mpazi Sinjela

Author : Mpazi Sinjela
Publisher : Martinus Nijhoff Publishers
Page : 303 pages
File Size : 45,9 Mb
Release : 2007
Category : Political Science
ISBN : 9789004162907

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Human Rights and Intellectual Property Rights by Mpazi Sinjela Pdf

This collection explores this balance and the extent to which human rights standards can influence the interpretation of IP norms, for example in defining the scope of IPRs."--BOOK JACKET.

Health Technologies and International Intellectual Property Law

Phoebe Li

Author : Phoebe Li
Publisher : Routledge
Page : 253 pages
File Size : 51,8 Mb
Release : 2013-12-17
Category : Law
ISBN : 9781135916770

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Health Technologies and International Intellectual Property Law by Phoebe Li Pdf

The global transmission of infectious diseases has fuelled the need for a more developed legal framework in international public health to provide prompt and specific guidance during a large-scale emergency. This book develops a means for States to take advantage of the flexibilities of compulsory licensing in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which promotes access to medicines in a public health emergency. It presents the precautionary approach (PA) and the structure of risk analysis as a means to build a workable reading of TRIPS and to help States embody the flexibilities of intellectual property (IP). The work investigates the complementary roles of the World Health Organization (WHO) and the World Trade Organization (WTO) in order to promote the harmonisation of the precautionary approach in relation to the patenting of crucial pharmaceutical products. By bringing together international trade law and intellectual property law Phoebe Li demonstrates how through the use of risk analysis and the precautionary approach, States can still comply with their legal obligations in international law, while exercising their sovereignty right in issuing a compulsory licence of a drug patent in an uncertain public health emergency. This book will be of great interest to students and academics of medical and healthcare law, intellectual property law, international trade law, and human rights law.

Transnational Legal Orders

Terence C. Halliday,Gregory Shaffer

Author : Terence C. Halliday,Gregory Shaffer
Publisher : Cambridge University Press
Page : 559 pages
File Size : 49,6 Mb
Release : 2015-01-19
Category : Law
ISBN : 9781107069923

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Transnational Legal Orders by Terence C. Halliday,Gregory Shaffer Pdf

"This book offers an empirically grounded theory that reframes the study of law and society from a predominantly national context, which dichotomizes the study of international law and national compliance into a dynamic perspective that places national, international, and transnational lawmaking and practice within a coherent single frame. By presenting and elaborating on a new concept, transnational legal orders it offers an original approach to the emergence of legal orders beyond nation-states. It shows how they originate, where they compete and cooperate, and how they settle on institutions that legally order fundamental economic and social behaviors that transcend national borders. This original theory is applied and developed by distinguished scholars from North America and Europe in business law, regulatory law and human rights"--

Intellectual Property Law And Human Rights

Intellectual Property Law and Human Rights by Paul Torremans Pdf

Intellectual Property Law and Human Rights by Paul Torremans Pdf

Intellectual Property and Human Rights by F. W. Grosheide Pdf

Human Rights and Intellectual Property by Laurence R. Helfer,Graeme W. Austin Pdf

Intellectual Property, Human Rights and Development by Duncan Matthews Pdf

Research Handbook on Human Rights and Intellectual Property by Christophe Geiger Pdf

A Human Rights Framework for Intellectual Property, Innovation and Access to Medicines by Dr Joo-Young Lee Pdf

Intellectual Property, Human Rights and Competition by Abbe Elizabeth Lockhart Brown Pdf

Intellectual Property, Community Rights and Human Rights by Marcelin Tonye Mahop Pdf

The Oxford Handbook of Intellectual Property Law by Rochelle Cooper Dreyfuss,Justine Pila Pdf

Framing Intellectual Property Law in the 21st Century by Rochelle Cooper Dreyfuss,Elizabeth Siew-Kuan Ng Pdf

Global Intellectual Property Law by Graham Dutfield,Uma Suthersanen Pdf

Human Rights and Intellectual Property Rights by Mpazi Sinjela Pdf

Health Technologies and International Intellectual Property Law by Phoebe Li Pdf

Transnational Legal Orders by Terence C. Halliday,Gregory Shaffer Pdf

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