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.
Edited by Willem Grosheide, Van Doorne Lawyers, The Netherlands
Contents: Preface PART I: SETTING THE STAGE: THE LAW AND ITS TRENDS 1. General Introduction Willem Grosheide 2. Human Rights Law Status Report Cees Flinterman 3. Expansion and Convergence in Copyright Law Madeleine de Cock Buning 4. Patents and Human Rights: Where is the Paradox? Rochelle Cooper Dreyfuss PART II: INTELLECTUAL PROPERTY RIGHTS AS HUMAN RIGHTS 5. Introduction Jerzy Koopman COPYRIGHT LAW AND PATENT LAW: TO ITS RECOGNITION - DIFFERING VIEWS 6. Is Copyright Fit for the 21st Century? No! Joost Smiers 7. Intellectual Property Rights, Human Rights and the Right to Health Duncan Matthews 8. On Patents and Human Rights Jan Brinkhof 9. Current Patent Laws Cannot Claim the Backing of Human Rights Wendy J. Gordon PART III: HUMAN RIGHTS AS RESTRICTIONS TO INTELLECTUAL PROPERTY RIGHTS 10. Introduction Lucky Belder COPYRIGHT LAW AND PATENT LAW: TO ITS ENFORCEMENT - DIFFERING VIEWS 11. A Practical Analysis of the Human Rights Paradox in Intellectual Property Law: Russian Roulette Charlotte Waelde and Abbe E.L. Brown 12. Human Rights' Limitations in Patent Law Geertrui Van Overwalle 13. Human Rights as a Constraint on Intellectual Property Rights: The Case of Patent and Plant Variety Protection Rights, Genetic Resources and Traditional Knowledge Charles R. McManis 14. A Comment on `Human Rights as a Constraint on Intellectual Property Rights: The Case of Patent and Plant Variety Protection Rights, Genetic Resources and Traditional Knowledge' Martin J. Adelman Index