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Human Rights and Intellectual Property
Mapping the Global Interface

$56.00

textbook
  • Date Published: March 2011
  • availability: Available
  • format: Paperback
  • isbn: 9780521711258

$56.00
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About the Authors
  • 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.

    • Each chapter comprised of analysis of the relevant legal and policy issues, excerpts of several key primary and secondary sources, detailed notes and questions to prompt further analysis and discussion
    • Each chapter includes one or more 'issues in focus' which succinctly summarize important or late-breaking issues of particular interest to readers
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    Reviews & endorsements

    "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. Dinwoodie
    Professor 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 Dreyfuss
    Pauline 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 Hestermeyer
    Head of Research Group, Max Planck Institute for Comparative Public Law and International Law


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    Product details

    • Date Published: March 2011
    • format: Paperback
    • isbn: 9780521711258
    • length: 568 pages
    • dimensions: 229 x 152 x 29 mm
    • weight: 0.75kg
    • availability: Available
  • Table of Contents

    1. Mapping the interface of human rights and intellectual property: a conceptual and institutional framework for analysis
    2. The human right to health, access to patented medicines, and the restructuring of global innovation policy
    3. Creators' rights as human rights and the human right of property
    4. Rights to freedom of expression, cultural participation and to benefit from scientific advancements
    5. The right to education and copyright in learning materials
    6. The human right to food, plant genetic resources, and intellectual property
    7. Indigenous peoples' rights and intellectual property
    8. Conclusion.

  • Authors

    Laurence R. Helfer, Duke University, North Carolina
    Laurence R. Helfer is the Harry R. Chadwick, Sr Professor of Law at Duke University School of Law, where he co-directs the Center for International and Comparative Law and is a member of the faculty steering committee of the Duke Center on Human Rights. He has authored more than 50 publications and has lectured widely on his diverse research interests, which include interdisciplinary analysis of international law and institutions, human rights, and international intellectual property law and policy. He is the co-author of Human Rights (2nd edition, 2009), and the author of Intellectual Property Rights in Plant Varieties: International Legal Regimes and Policy Options for National Governments (2004).

    Graeme W. Austin, Melbourne University and Victoria University, Wellington
    Graeme W. Austin is a Professor of Law at the University of Arizona, holds a Professorial Fellowship at Melbourne University and is an Honorary Fellow at Victoria University of Wellington. He has lectured on intellectual property law in a variety of institutions and is an elected member of the American Law Institute. He has published widely on the topic of intellectual property, including in the Law Quarterly Review and the International Review of Intellectual Property and Competition Law.

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