Intellectual Property and Human Rights: A Paradox

Intellectual Property and Human Rights: A Paradox

By: Willem Grosheide (editor)Hardback

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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 organisations in the fields of intellectual property law and human rights law.

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Contents: Foreword PART I: SETTING THE STAGE: THE LAW AND ITS TRENDS I.1. Introduction: The Human Rights Paradox in Intellectual Property Law F. Willem Grosheide I.2. Human Rights Law Status Report Cees Flinterman I.3. Intellectual Property Law Status Report I.3.1. Expansion and Convergence of Copyright Law Madeleine de Cock Buning I.3.2. Patents and Human Rights: Where is the Paradox? Rochelle Cooper Dreyfuss PART II: INTELLECTUAL PROPERTY RIGHTS AS HUMAN RIGHTS II.1. Introduction Jerzy Koopman II.2. Copyright Law and Patent Law: To its Recognition - Differing Views II.2.1. Is Copyright Fit for the 21st Century? No! Joost Smiers II.2.2. Intellectual Property, Cultural Heritage and Rights - Based Development: Geographical Indications as Vehicles for Sustainable Livelihoods Nicole Aylwin, Rosemary Coombe and Anita Chan II.2.3. Intellectual Property Rights, Human Rights and the Right to Health Duncan Matthews II.2.4. On Patents and Human Rights Jan Brinkhof II.2.5. Current Patent Law and Human Rights Wendy Gordon PART III: HUMAN RIGHTS AS RESTRICTIONS TO INTELLECTUAL PROPERTY RIGHTS III.1. Introduction Lucky Belder III.2. Copyright Law and Patent Law: To its Enforcement - Differing Views III.2.1. A Practical Analysis of the Human Rights Paradox in Intellectual Property Law: Russian Roulette Charlotte Waelde and Abbe E.L. Brown III.2.2. Human Rights' Limitations in Patent Law Geertrui van Overwalle III.2.3. Human Rights as a Constraint on Intellectual Property Rights: The Case of Patent Plant Variety Protection Rights, Genetic Resources and Traditional Knowledge Charles R. McManis III.2.5. A Comment Martin J. Adelman

Product Details

  • publication date: 01/04/2010
  • ISBN13: 9781848444478
  • Format: Hardback
  • Number Of Pages: 368
  • ID: 9781848444478
  • ISBN10: 1848444478

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