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Property and Human Rights in a Global Context

Author: Ting Xu

Publisher: Bloomsbury Publishing

Published: 2016-03-24

Total Pages: 352

ISBN-13: 1509901736

Property as a human rights concern is manifested through its incorporation in international instruments and as a subject of the law through property-related cases considered by international human rights organs. Yet, for the most part, the relationship between property and human rights has been discussed in rather superficial terms, lacking a clear substantive connection or common language. That said, the currents of globalisation have witnessed a new era of interrelation between these two areas of the law, including the emergence of international intellectual property law and the recognition of indigenous claims, which, in fundamental ways, speak to an engagement with human rights law. This collection starts the conversation between human rights lawyers and property lawyers and explores analytical approaches to the increasing relationship between property and human rights in a global context. The chapters engage with key theoretical and policy debates and range across three main themes: The re-evaluation of the public/private divide in the law; the tensions between the market and social justice in development and the balance between the rights of individuals and those of communities. The chapters adopt a global, comparative perspective and engage in case studies from countries including India, Philippines, Brazil, the United States, the United Kingdom and includes various regions of Africa and Europe.

Intellectual Property Law and Human Rights

Author: Paul Torremans

Publisher:

Published: 2015

Total Pages: 0

ISBN-13: 9789041158369

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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.

Human Rights and Intellectual Property

Author: Laurence R. Helfer

Publisher: Cambridge University Press

Published: 2011-03-07

Total Pages: 567

ISBN-13: 1139496913

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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.

The Human Right to Property

Author: Theo R. G. van Banning

Publisher: Intersentia nv

Published: 2002

Total Pages: 468

ISBN-13: 9050952038

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Biotechnology, Patents and Human Rights in Europe

Author: Helena Żakowska-Henzler

Publisher: Edward Elgar Publishing

Published: 2023-07-01

Total Pages: 267

ISBN-13: 1803920262

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This innovative book explores the complex interplay between intellectual property for biotechnological innovations and human rights. Examining the clash between the drive to incentivise innovations that can fulfil human needs and the desire to grant global access to healthcare technologies, it presents thoughtful solutions to the challenges of protecting the human rights of all parties impacted by biotechnological patents and other relevant IP rights.

International Human Rights Law in a Global Context

Author: Felipe Gómez Isa

Publisher: Universidad de Deusto

Published: 2009-01-01

Total Pages: 974

ISBN-13: 8498308135

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The international human rights system remains as dynamic as ever. If at the end of the last century there was a sense that the normative and institutional development of the system had been completed and that the emphasis should shift to issues of implementation, nothing of the sort occurred. Even over the last few years significant changes happened, as this book amply demonstrates. We hope that this Manual makes a contribution to the development of International Human Rights Law and is of interest for those working in the field of promotion and protection of human rights. The book is the result of a joint project under the auspices of HumanitarianNet, a Thematic Network led by the University of Deusto, and the European Inter-University Centre for Human Rights and Democratisation (EIUC, Venice).

The Oxford Handbook of Intellectual Property Law

Author: Rochelle C. Dreyfuss

Publisher: Oxford University Press

Published: 2018-04-12

Total Pages: 1000

ISBN-13: 0191076104

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We live in an age in which expressive, informational, and technological subject matter are becoming increasingly important. Intellectual property is the primary means by which the law seeks to regulate such subject matter. It aims to promote innovation and creativity, and in doing so to support solutions to global environmental and health problems, as well as freedom of expression and democracy. It also seeks to stimulate economic growth and competition, accounting for its centrality to EU Internal Market and international trade and development policies. Additionally, it is of enormous and increasing importance to business. As a result there is a substantial and ever-growing interest in intellectual property law across all spheres of industry and social policy, including an interest in its legal principles, its social and normative foundations, and its place and operation in the political economy. This handbook written by leading academics and practitioners from the field of intellectual property law, and suitable for both a specialist legal readership and an intelligent but non-specialist legal and non-legal readership, provides a comprehensive account of the following areas: - The foundations of IP law, including its emergence and development in different jurisdictions and regions; - The substantive rules and principles of IP; and - Important issues arising from the existence and operation of IP in the political economy.

Human Rights and Capitalism

Author: Janet Dine

Publisher: Edward Elgar Publishing

Published: 2006-01-01

Total Pages: 401

ISBN-13: 1845428838

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Human Rights and Capitalism brings together two important facets of the globalization debate and examines the complex relationship between human rights, property rights and capitalist economies. Human rights issues have become increasingly important in this debate and their place as harbingers of justice or as an instrument of oppression is fiercely contended. Both sides of this issue are considered in the contributions to this book and the complex relationships between human rights, human dignity and capitalist economies are the themes running throughout the work. Appearing at a time when these issues are a subject of extreme controversy, this book is distinguished by its balanced and academic approach.

Intellectual Property Law and Human Rights

Author: Paul Torremans

Publisher: Kluwer Law International B.V.

Published: 2020-06-08

Total Pages: 1005

ISBN-13: 9403513144

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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.

Advancing Rule of Law in a Global Context

Author: Heru Susetyo

Publisher: CRC Press

Published: 2020-03-11

Total Pages: 290

ISBN-13: 0429829493

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The papers published in this proceedings volume are written by a selection of authors, resulting from a call for papers for the 1st International Conference on Law and Governance in a Global Context (ICLAVE) originating from Indonesia and other countries. This proceedings volume shall be a very valuable contribution to understand contemporary law issues in Indonesia which are not always taught in law schools. These proceedings will not only serve as a useful reference for law students and academicians, but also help law practitioners to understand law issues that may be encountered in Indonesia. It covers selected items such as Administrative Law, Constitutional Law, Business Law, Intellectual Property Law, Criminal Law, Human Rights Law, Adat Law, Shariah Law, Judiciary Law and International Law, which are all important for undergraduate and post-graduate law students, as well as academicians and law practitioners in the law community.