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
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
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.
This book is an enhanced edition of the title Copyright and Human Rights
published in 2004. In addition to updating six chapters of this earlier
edition, some 15 chapters on other IP topics were added.
Part I. The Relationship between Intellectual Property and Human Rights.
Chapter 1. Intellectual Property and Human Rights: Learning to Live
Together. Chapter 2. The New Innovation Frontier? Intellectual Property
and the European Court of Human Rights, Prof. Larry Helfer (Vanderbilt)
. Chapter 3. Challenges to the Development of a Human- Rights Framework
for Intellectual Property, Prof. Peter Yu (Drake University).
Chapter 4. The Constitutional Dimension of Intellectual Property, Dr.
Christophe Geiger (Munich). Chapter 5. Intellectual Property Rights
and Human Rights: Coinciding and Cooperating, Dr. Estelle Derclaye
(Nottingham). Chapter 6. Proportionality and Balancing within the
Objectives for Intellectual Property Protection, Dr. Henning Grosse
Ruse-Khan (Munich). Chapter 7. Copyright (and Other Intellectual
Property Rights) as a Human Right, Prof. Paul Torremans.
Part II. Copyright and Human
Rights. Chapter 8. Copyright and Freedom of Expression in Canada, Prof.
Ysolde Gendreau (Montreal). Chapter 9. The Free Speech Benefits of
Fair Dealing Defences, Patrick Masiyakurima (Aberdeen) . Chapter 10.
Copyright Law Reform through a Human Rights Lens, Prof. Graeme Austin and
Amy Zavidow. Chapter 11. The Conflict between the Human Right to
Education and Copyright, Prof. Sharon Foster (Arkansas).
Part III. Trade Marks, Related Rights
and Human Rights. Chapter 12. Is There a Right to and Immoral Trade Mark?
Jonathan Griffiths (Queen Mary College, London). Chapter 13. Trade
Marks and Human Rights, Dr. Andreas Rahmatian (Leicester). Chapter
14. Some Cultural Narrative Themes and Variations in the Common Law,
Dr. Catherine Ng (Aberdeen). Chapter 15 . Geographical Indications
and Human Rights, Dev Gangjee (LSE) .
Part IV. Rights in Informations. Chapter 16. Recapturing
Liberated Information: The Relationship Between the United Kingdom’s Freedom
of Information Act 2000 and Private Law Restraints on Disclosure, Jonathan
Griffiths (Queen Mary College, London) . Chapter 17. ‘Holding the
Line’- the Relationship between the Public Interest and Remedies Granted or
Refused, be it for Breach of Confidence or Copyright, Prof. Alison Firth
(Newcastle). Chapter 18. Privacy, Confidentiality and Property,
Prof. Peter Jaffey (Brunel) . Chapter 19. A Right of Privacy for
Corporations? Dr. Tanya Aplin (King’s College, London).
Patents and Human Rights. Chapter 20. Research on Human Embryos and Stem
Cells: Weaving Ethical and Religious Concerns into the Framework of Patent Law
in Malaysia, Prof. Ida Madieha Bt. Abdul Ghani Azni (International Islamic
University, Kuala Lumpur ). Chapter 21. Human Rights Implications
of Patenting Biotechnical Knowledge, Jerry Koopman (Utrecht). Index.