Property Law And Human Rights
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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.
Property Law And Human Rights
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Author : Deborah Rook
language : en
Publisher:
Release Date : 2001
Property Law And Human Rights written by Deborah Rook and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
This text contains an introduction to the provisions of the Human Rights Act 1998 and an explanation of the Convention jurisprudence. It provides a detailed analysis of Article 1, Protocol No.1, and Articles 6, 8 and 14, all of which are likely to have an impact on English property law. The relevant case law of the Strasbourg institutions (the European Court of Human Rights and the Commission) is considered in depth and case summaries of the most important property-related cases are provided in an appendix. The book considers the impact of the Human Rights Act on specific aspects of English property law and considers how some areas appear vulnerable to challenge under the Act. The book should be of use to both practitioners and academics by providing a comprehensive and easy-to-read guide to the impact of the Human Rights Act on property law.
The Human Right To Property
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Author : Theo R. G. van Banning
language : en
Publisher: Intersentia nv
Release Date : 2002
The Human Right To Property written by Theo R. G. van Banning and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Human rights categories.
3 Framework for research
Intellectual Property Law And Human Rights
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Author : Paul Torremans
language : en
Publisher:
Release Date : 2015
Intellectual Property Law And Human Rights written by Paul Torremans and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Copyright categories.
Human rights issues arise more and more often in an intellectual property context. ' Intellectual property and human rights' is the first comprehensive analysis of this emerging nexus of legal issues. In twenty-one incisive essays, well-known authorities in both intellectual property law and human rights law present in-depth analysis and discussion of such essential topics as the following: The human rights credentials of copyright and other intellectual property rights; The relations between copyright and freedom of speech and of expression, from the perspectives of both North American and European law; The relevance to copyright of the public interest defence in European law; The way trade marks and human rights interfere; The human rights and morality aspects of biotechnological patents and stem cell patents; The interaction between human rights and geographical indications; and The fundamental rights of privacy in an intellectual property environment. In the years to come, more and more lawyers will be confronted with issues involving the interaction of intellectual property and human rights. As a groundbreaking work ' Intellectual property and human rights' will be seen as a cornerstone of the debate. Practitioners, academics and policymakers in both fields will immediately recognize its value as a springboard to the informed future development of this new and crucial area of legal theory and practice.
Property Law And Human Rights
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Author : Amy Goymour
language : en
Publisher: Hart Publishing
Release Date : 2021-02-11
Property Law And Human Rights written by Amy Goymour and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-11 with 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.
New Perspectives On Property Law
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Author : Alastair Hudson
language : en
Publisher: Routledge Cavendish
Release Date : 2016-11-30
New Perspectives On Property Law written by Alastair Hudson and has been published by Routledge Cavendish this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-30 with categories.
The essays in this collection consider the fundamental concepts of property and obligations in law. Ideas of property and of obligations are central, organising concepts within law but are nevertheless liable to fragmentation and esoteric development when applied in particular contexts.
Property And The Human Rights Act 1998
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Author : Tom Allen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2005-10-01
Property And The Human Rights Act 1998 written by Tom Allen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-10-01 with Law categories.
By giving further effect to the European Convention on Human Rights,the Human Rights Act 1998 has had a significant effect on property law. Article 1 of the First Protocol to the Convention is particularly important, as it protects against the interference with the enjoyment of possessions. Compulsory acquisition, insolvency, planning, taxation, environmental regulation, and landlord and tenant laws are just some of the fields where the British and European courts have already had to assess the impact of the Protocol on private property. The Human Rights Act 1998 also restricts the scope of property rights, as some Convention rights conflict with rights of private property. For example, the Article 8 right to respect for the home has been used to protect against environmental harm, in some cases at the expense of property and economic rights. This book seeks to provide a structured approach to the extensive case law of the European Court of Human Rights and the UK courts on these issues, and to provide guidance on the direction the law is likely to take in future. Chapters cover the history and drafting of the relevant Convention rights, the scope and structure of the rights (especially Article 1 of the First Protocol), and how, through the Human Rights Act 1998, the Convention rights have already affected and are likely to affect developments in selected areas of English law.
Human Rights And The Transformation Of Property
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Author : Stuart Wilson
language : en
Publisher:
Release Date : 2021-06-30
Human Rights And The Transformation Of Property written by Stuart Wilson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-30 with categories.
In Human Rights and The Transformation of Property, leading human rights lawyer Stuart Wilson develops a novel theory of how law leads to social change and what the prospects are for South Africa's Constitution to shape a more just distribution of property. Wilson questions long-held beliefs about the nature of land reform and the appropriateness of the concept of ownership as a way of organising access to land and property in South Africa. The book gives an overview of key aspects of constitutional and common law property rights - including the rights of ownership, possession and eviction; the rights associated with leases and mortgages; the National Credit Act; and the PIE Act - and discusses how they interact. It shows how recent developments in the law of eviction, rental housing, mortgage and consumer credit have opened up new spaces in which unlawful occupiers, tenants and debtors are challenging the power of landlords and financial institutions to dispossess them. By triggering a radical restructuring of property law, Wilson argues, the Constitution may yet keep the promise of a South Africa that belongs to all who live in it. Human Rights and The Transformation of Property offers the most up-to-date critical account of recent developments in residential lease law, mortgage bond law and eviction law, and provides a policy rationale for these developments. It will be a valuable teaching text for law students and a reference guide for law and humanities academics, legal practitioners, NGOs and activists.