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 renown, the book explores the practical and doctrinal implications of human rights considerations on intellectual property law and jurisprudence. The various chapters of the book scrutinize issues related to interactions among and between norms of different legal families and the role of human rights in the development of a balanced intellectual property legal framework. The innovative approach of the book is reflected in its structure: the first part provides a foundation for the human rights and intellectual property discourse; the second sheds light on the human rights implications for the development of intellectual property; and the third (characterised by a human rights perspective) is devoted to the specific issues of interaction between human rights and intellectual property. Exploring in depth a variety of interactions between human rights and intellectual property law, the book will be of great interest to academics and experts working within human rights, intellectual property, development, international relations and international public law.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Foreword – Introduction 1. Mapping the Interface Between Human Rights and Intellectual Property Part I: Legal Reality Behind Human Rights 2. Human Rights and Balancing: The Principle of Proportionality; 3. Interaction Between Human Rights: Are All Human Rights Equal?; 4. Interaction Between International Human Rights Law and the European Legal Framework; 5. Overlaps and Conflict Norms in Human Rights Law: Approaches of European Courts to Address Intersections with Intellectual Property Rights; 6. Human Rights and Philosophical Foundations of Intellectual Property Part II: Human Rights’ Implications For The Development Of Intellectual Property Section 1: Human Rights’ Implications for Intellectual Property Legislation 7. The Constitutionalization of the European Legal Order: Impact of Human Rights on Intellectual Property in the EU; 8. The Fundamental Right to (Intellectual) Property and the Discretion of the Legislature: 9. Human Rights and International Intellectual Property Law; 10. Human Rights and Intellectual Property Law at the Bilateral and Multilateral Levels: Substantive and Operational Aspects; 11. Mitigating the Impact of Intellectual Property in Developing Countries Through the Implementation of Human Rights Section 2: Impact of Human Rights on Decisions of Courts and Intellectual Property Offices 12. Intellectual Property in Decisions of National Constitutional Courts in Europe; 13. Intellectual Property in Decisions of Constitutional Courts of Latin American Countries; 14. Human Rights and Intellectual Property in the United States: The Role of US Courts in Striking a Fine Balance Between Competing Policies; 15. Fundamental Rights in the Practice of the European Trade Mark and Designs Office (OHIM); 16. Human Rights in the Case Law of the EPO Boards of Appeal Part III: Practical Interaction Between Human Rights And Intellectual Property Section 1: Civil and Political Rights and Intellectual Property 17. Freedom of Expression and the Right to Information: Implications for Copyright; 18. Free Signs and Free Use: How to Offer Room for Freedom of Expression Within the Trademark System; 19. Free Speech and Other Human Rights in ICANN’s New Generic Top Level Domain Process: Debating Top-Down Versus Bottom-Up Protections; 20. Intellectual Property and Human Rights: Reputation, Integrity and the Advent of Corporate Personality Rights; 21. Freedom to Conduct a Business, Competition and Intellectual Property; 22. Right to Property and Trade Secrets; 23. Enforcement of Intellectual Property Rights and the Right to a Fair Trial; 24. Digital Copyright Enforcement Measures and their Human Rights Threats Section 2: Economic, Social and Cultural Rights and Intellectual Property 25. Human Dignity and Patents; 26. Right to Health and Patents; 27. Public Health and Trademarks: Plain Packaging Laws and the TRIPS Agreement; 28. Right to Food and Intellectual Property Protection for Plant Genetic Resources; 29. Geographical Indications and Cultural Rights: The Intangible Cultural Heritage Connection?; 30. Right to Culture and Copyright: Participation and Access; 31. Human Rights, Persons with Disabilities and Copyright Section 3: Collective Rights and Intellectual Property 32. The Right to Development: What Implications for the Multilateral Intellectual Property Framework?; 33. Using Intellectual Property Rules to Support the Self-Determination Goals of Indigenous Peoples; 34. Human Rights Perspective on Protection of Traditional Knowledge and Intellectual Property: A View from Island States in the Pacific Part IV: Future Perspectives For The Interplay Of Human Rights And Intellectual Property? 35. Implementing Intellectual Property Provisions in Human Rights Instruments: Towards a New Social Contract for the Protection of Intangibles Index