Human Rights and Intellectual Property : Conflict or Coexistence?

Human Rights and Intellectual Property : Conflict or Coexistence?

Journal article

16 pages

"In this essay, I analyze two competing frameworks that governments, NGOs, and intergovernmental organizations are using to conceptualize the intersection of human rights and intellectual property. The first approach views the two areas of law as in fundamental conflict, with strong intellectual property protection standards - in particular those of the TRIPs Agreement - undermining a broad spectrum of human rights. The second approach sees both areas of law as concerned with the same basic question: defining the appropriate scope of private monopoly power to give authors and inventors a sufficient incentive to create and innovate, while ensuring that the consuming public adequate access to the fruits of their efforts. The essay traces the evolution of these two competing approaches and explores their consequences for future international lawmaking."

Published in : Minnesota Journal of Law, Science & Technology, Vol. 5, p. 47, 2003

[Minneapolis, Minnesota] : University of Minnesota Law School, 2003.

eng