This collection offers an overview of the issues involved concerning the interface between human rights and intellectual property rights (IPRs). It makes clear that two schools of thought have developed. The first school maintains that human rights and IPRs are in fundamental conflict. Strong protection of IP is incompatible with human rights obligations. Thus, for resolving the conflict between the two, it is suggested that human rights should always prevail over IPRs. Whereas the second school of thought asserts that human rights and IPRs pursue the same aim; that is to define the appropriate scope of private monopoly power to create incentives for authors and inventors, while ensuring that the public has adequate access to the fruits of their efforts. Accordingly, they argue, human rights and IP are compatible. However, what is needed is to strike a balance between the provision of incentives to innovate and public access to products of that innovation. This collection explores this balance and the extent to which human rights standards can influence the interpretation of IP norms, for example in defining the scope of IPRs. The discussion on the relationship of human rights and IPRs is an ongoing one; this volume makes a valuable contribution to the debate and will further stimulate the interest to explore and address these complex and challenging issues. This is the second volume in The Raoul Wallenberg Institute of Human Rights and Humanitarian Law ‘New Authors’ series, which contains the best theses from the human rights masters programmes in Lund and Venice.
A concise analysis of the relationship between patent rights and human rights is given in this book, focusing on the right to food. The UN Sub-Commission on Human Rights identified ‘apparent conflicts’ or ‘actual or potential conflicts’ between human rights and intellectual property rights. The TRIPS Agreement under the WTO Agreement and the International Covenant on Economic, Social and Cultural Rights constitute the central treaties in the analysis. The book finds that the right to food and related human rights of the Covenant give important guidance when implementing intellectual property legislation and science policy in general. Moreover, the book does not find that the two treaties actually conflict. There are, however, concerns regarding the national implementation of the treaties.
This book deals with a highly topical area: the protection of broadcasters’ rights. It is an area in which the World Intellectual Property Organisation (WIPO) has been working to draft a new treaty and has now reached the final stage for conclusion of the treaty.
The author analyses the formation and subsequent development of the legislation for protecting broadcasters’ rights, and discusses the current legal issues arising out of current proposals at the international and domestic levels to upgrade that protection. The focus of the work is the international protection of broadcasters’ rights as well as in the two jurisdictions which are representative of the two-different approaches to protection: Australia and Japan. This volume provides a detailed account of the relevant international treaties and conventions as well as domestic legislation, and provides insightful arguments that present the optimal approach of the future protection of broadcasters’ rights.
'This book is an invaluable contribution to our understanding of the issues relating to the protection of broadcasters' rights. The book provides a comprehensive analysis of the protection of broadcasters' rights based on the differing approaches adopted by the common law and civil law systems'. From the foreword by The Honourable Sir Anthony Mason AC KBE CBE.