Intellectual Property and Human Rights: Learning to Live Together

Gervais, Daniel J.

Abstract

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Intellectual Property and Human Rights: Learning to Live Together

Daniel J. Gervais

Vanderbilt University - Law School

March 1, 2008

INTELLECTUAL PROPERTY AND HUMAN RIGHTS: LEARNING TO LIVE TOGETHER, Paul L. C. Torremans, ed., Kluwer, 2008

Abstract:
Intellectual property and human rights must learn to live together. Traditionally, there have been two dominant views of this "cohabitation," namely a conflict view, which emphasizes the negative impacts of intellectual property on rights such as freedom of expression or the right to health and security, and a compatibility model, which emphasizes that both sets of rights strive towards the same fundamental equilibrium. This Book Chapter takes the dualist view that both are right, though there is, and should be, much more truth to the second approach in the coming years.

Number of Pages in PDF File: 20

Keywords: Human rights, intellectual property, copyright, patents

JEL Classification: K33

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Date posted: October 14, 2008 ; Last revised: February 12, 2009

Suggested Citation

Gervais, Daniel J., Intellectual Property and Human Rights: Learning to Live Together (March 1, 2008). INTELLECTUAL PROPERTY AND HUMAN RIGHTS: LEARNING TO LIVE TOGETHER, Paul L. C. Torremans, ed., Kluwer, 2008. Available at SSRN: http://ssrn.com/abstract=1283985

Contact Information

Daniel J. Gervais (Contact Author)

Vanderbilt University - Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States
615 322 2615 (Phone)