Human Rights and Intellectual Property: Mapping the Global Interface

by Laurence R. Helfer , Graeme W. Austin

• ISBN13: 9780521884372
• ISBN10: 0521884373
• Format: Hardcover
• Copyright: 2011-03-07
• Publisher: Cambridge University Press

Summary

This 2011 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.

Table of Contents

Mapping the interface of human rights and intellectual property: a conceptual and institutional framework for analysis

The human right to health, access to patented medicines, and the restructuring of global innovation policy

Creators' rights as human rights and the human right of property

Rights to freedom of expression, cultural participation and to benefit from scientific advancements

The right to education and copyright in learning materials

The human right to food, plant genetic resources, and intellectual property

Indigenous peoples' rights and intellectual property

Conclusion

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