Intellectual Property Community Rights And Human Rights
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Intellectual Property Community Rights And Human Rights
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Author : Marcelin Tonye Mahop
language : en
Publisher: Routledge
Release Date : 2010-06-10
Intellectual Property Community Rights And Human Rights written by Marcelin Tonye Mahop and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-10 with Business & Economics categories.
This book considers the issue of biodiversity in developing countries in relation to intellectual-property rights, community rights and human rights. Drawing together a number of case studies of developing countries rich in biological and genetic resources including India, South Africa and Brazil, the book examines the access to PGRs and their utilizations in the contexts of scientific and commercial oriented activities pursued both in the source and user countries. Exploring how community rights are protected in national biodiversity-related regulations and some international legal instruments, Marcelin Tonye Mahop also discusses the relationship between community rights and human rights in the context of biodiversity. The book looks at the issue of bio-piracy, asking whether this phenomenon should only be seen as a North–South clash, whereby biodiversity rich countries of the Southern Hemisphere blame developed countries and their actors as its principal perpetrators. While recognizing that developing countries' actors play a role in this bio-piracy phenomenon, the book goes on to suggest alternative measures for the legal protection of community rights at the national level with the possibility of national and international enforceability. Essential reading for students and scholars of intellectual-property rights, biodiversity regulations and human rights, this book will also be of great value to researchers and members of professional organizations working in these subject areas. National and regional negotiators in the international processes dealing with the issues covered in the book will find it a useful tool that can help them to understand various facets of these processes.
Intellectual Property Community Rights And Human Rights
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Author : Marcelin Tonye Mahop
language : en
Publisher:
Release Date : 2010
Intellectual Property Community Rights And Human Rights written by Marcelin Tonye Mahop and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Biotechnology / Law and legislation / Developing countries categories.
Intellectual Property And Human Rights
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Author : F. W. Grosheide
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01
Intellectual Property And Human Rights written by F. W. Grosheide and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Political Science categories.
. . . very refreshing. . . a valuable contribution to the debate. European Intellectual Property Review The collection of articles makes a valuable contribution to current debates on these critically important issues by providing a range of views on the human rights implications of intellectual property law and policy. Madhu Sahni, Journal of Intellectual Property Rights 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 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.
Human Rights And Intellectual Property
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Author : Laurence R. Helfer
language : en
Publisher: Cambridge University Press
Release Date : 2011-03-07
Human Rights And Intellectual Property written by Laurence R. Helfer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-07 with Law categories.
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: by offering a framework for exploring the connections and divergences between these subjects; by identifying the pathways along which jurisprudence, policy, and political discourse are likely to evolve; and by serving as an educational resource for scholars, activists, and students.
Intellectual Property Biodiversity And Sustainable Development
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Author : Kok Peng Khor
language : en
Publisher: Zed Books
Release Date : 2002-12-19
Intellectual Property Biodiversity And Sustainable Development written by Kok Peng Khor and has been published by Zed Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-12-19 with Law categories.
Intellectual property rights are a major source of controversy. Corporations are now patenting human genes, plants and other biological materials, many of which exist in nature or have been used for generations by farmers and indigenous peoples. Martin Khor examines the biopiracy phenomenon, its links to the TRIPS Agreement, and its various effects.
People Plants And Patents
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Author : Crucible Group
language : en
Publisher: IDRC
Release Date : 1994
People Plants And Patents written by Crucible Group and has been published by IDRC this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Biodiversity categories.
People, Plants and Patents: The impact of intellectual property on biodiversity, conservation, trade and rural society
Intellectual Property
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Author : Megan M. Carpenter
language : en
Publisher:
Release Date : 2014
Intellectual Property written by Megan M. Carpenter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
This chapter seeks to distinguish between intellectual property rights the existing legal mechanisms for intellectual property protection - and the right to intellectual property. The right to intellectual property is a human right. Intellectual property rights, instrumental in nature and codified in legal frameworks around the world, are not. Rather, intellectual property rights as they exist are both over- and under-inclusive in their protection of the right to intellectual property. However, the right to intellectual property exists for everyone, and a human rights perspective on IP should change the framework by which we evaluate and construct the legal system, expose the flaws of a system designed to primarily protect corporate interests, and present possibilities for a more inclusive approach. The analysis begins in Part l with a discussion of the human right to the moral and material interests of creators, as that right has been embodied in an international human rights framework over time. In Part 2, I discuss intellectual property rights - their importance and relevance to the human rights detailed in Article l5(1)(c) of the International Covenant on Economic, Social, and Cultural Rights. Creations of the mind are not only fundamental to personhood and community, but they serve as a primary economic vehicle on the global stage and have the potential to facilitate the ability of creators to access an adequate standard of living in remote areas and disadvantaged communities. In Part 3, I discuss General Comment 17 of the CESCR, which gives guidance and effect to the human rights provisions found in Article 15(1)(c). I conclude that for the rights in Article 15(l)(c) to be realized, they must be perceived as a fundamental aspect of intellectual property law and policy. Protection and respect for the moral and material interests of creators, the right to intellectual property, is a human right; and as such, human rights discourse must inform intellectual property policy. This conclusion has implications both for the intellectual property law community and the human rights community: to forget that human creators are at the centre of scientific and artistic innovation works to the detriment of effective IP policy; to avoid the legal mechanism by which the rights of creators are protected works to the detriment of human rights.
Research Handbook On Human Rights And Intellectual Property
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Author : Christophe Geiger
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-02-27
Research Handbook On Human Rights And Intellectual Property written by Christophe Geiger and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-27 with Law categories.
Research Handbook on Human Rights and Intellectual Property is a comprehensive reference work on the intersection of human rights and intellectual property law. Resulting from a field-specific expertise of over 40 scholars and professionals of world re
Intellectual Property Law And Human Rights
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Author : Paul Torremans
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-06-08
Intellectual Property Law And Human Rights written by Paul Torremans and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-08 with Law categories.
Intellectual Property Law and Human Rights Fourth Edition Edited by Paul L.C. Torremans Once regarded as a niche topic, the nexus of intellectual property and human rights now lies in the eye of the storm that is today’s global economy. In this expanded new edition of the pre-eminent work in this crucial area of legal theory and practice – with nine completely new chapters – well-known authorities in both intellectual property law and human rights law present an in-depth analysis and discussion of essential and emerging issues in the convergence of intellectual property law and human rights law. The fourth edition is fully updated to address current matters as diverse as artificial intelligence, climate change, and biotechnological materials, all centred on the relations between intellectual property and freedom of expression and the fundamental right to privacy in an intellectual property environment. The contributors address such topics as the following and more: the status of copyright as a fundamental right; fair use, transformative use, and the US First Amendment; intellectual property in the jurisprudence of the European Court of Human Rights; freedom to receive and impart information under the EU Charter of Fundamental Rights; how to mitigate the risks article 17 of Directive 2019/970 poses to freedom of expression; fair dealing defences; algorithmic copyright enforcement and free speech; developing a right to privacy for corporations; expanding the role of morality and public policy in European patent law; and ethical and religious concerns over patenting biotechnological inventions. As human rights issues continue to arise in an intellectual property context, practitioners, academics, and policymakers in both fields will continue to recognize and use this well-established cornerstone work in the debate as a springboard to the future development of the ever more prominent interface of intellectual property and human rights.
Intellectual Property Rights For Indigenous Peoples
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Author : Thomas C. Greaves
language : en
Publisher:
Release Date : 1994
Intellectual Property Rights For Indigenous Peoples written by Thomas C. Greaves and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.