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‘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
Contributors: M.J. Adelman, L. Belder, J. Brinkhof, A.E.L. Brown, M. de Cock Buning, R.C. Dreyfuss, C. Flinterman, W.J. Gordon, W. Grosheide, J. Koopman, D. Matthews, C.R. McManis, J. Smiers, G. Van Overwalle, C. Waelde
Full table of contents
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.
PART I: SETTING THE STAGE: THE LAW AND ITS TRENDS
1. General Introduction
2. Human Rights Law Status Report
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
COPYRIGHT LAW AND PATENT LAW: TO ITS RECOGNITION – DIFFERING VIEWS
6. Is Copyright Fit for the 21st Century? No!
7. Intellectual Property Rights, Human Rights and the Right to Health
8. On Patents and Human Rights
9. Current Patent Laws Cannot Claim the Backing of Human Rights
Wendy J. Gordon
PART III: HUMAN RIGHTS AS RESTRICTIONS TO INTELLECTUAL PROPERTY RIGHTS
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