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Human Rights and Intellectual Property: Mapping the Global Interface

Posted By: insetes
Human Rights and Intellectual Property: Mapping the Global Interface

Human Rights and Intellectual Property: Mapping the Global Interface By Laurence R. Helfer & Graeme W. Austin
2011 | 577 Pages | ISBN: 0521711258 | PDF | 4 MB


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 in three ways: (1) by offering a framework for exploring the connections and divergences between these subjects; (2) by identifying the pathways along which jurisprudence, policy, and political discourse are likely to evolve; and (3) by serving as a teaching and learning resource for scholars, activists, and students.Review"This is a versatile and ambitious book. The relationship between intellectual property and human rights has been the focus of much recent comment by scholars, activists, policymakers and a number of international institutions. However, most treatments of the relationship have been haphazard, driven by the diverse contexts in which, and purposes for which, human rights claims are invoked. This book offers a set of teaching materials that will allow students to be introduced to all aspects of the topic. But by organising those materials around a conceptual structure, the elements of which are made explicit in the concluding chapter, the authors also offer a framework for scholars, activists and policymakers seeking a better understanding of this important topic." Graeme B. DinwoodieProfessor of Intellectual Property and Information Technology Law, University of Oxford, Faculty of Law "Helfer and Austin explore the unmapped terrain lying at the junction of intellectual property law and human rights law. Their book can be used as the basis for an intriguing new course that would bring together students interested in intellectual property, international law, trade, human rights, indigenous people's rights. The volume also furnishes a tremendous resource for scholars. It provides a close analysis of the relationships among these disciplines and includes citations to, or excerpts from, all the key legal instruments in both human rights and intellectual property law, as well as considerable coverage of the relevant scholarship." Rochelle DreyfussPauline Newman Professor of Law, New York University School of Law "The debate about patents and access to HIV medicines has made headlines around the world. But the interplay between intellectual property law and human rights is multidimensional. Does copyright law endanger the freedom of expression? Is a parody about a trademark permitted free speech? Is intellectual property a human right? This book is essential reading for anyone studying the interface between human rights and intellectual property." Holger HestermeyerHead of Research Group, Max Planck Institute for Comparative Public Law and International Law Book DescriptionThis book explores the legal, institutional, and political implications of intellectual property and human rights law and policy in three ways: (1) by offering a framework for exploring the connections and divergences between these subjects; (2) by identifying the pathways along which jurisprudence, policy, and political discourse are likely to evolve; and (3) by serving as a teaching and learning resource for scholars, activists, and students. [C:\Users\Microsoft\Documents\Calibre Library]