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
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: K33Accepted Paper Series
Date posted: October 14, 2008 ; Last revised: February 12, 2009
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