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Human Rights and Intellectual Property: Mapping the Global Interface

36 Pages Posted: 20 May 2010 Last revised: 12 Oct 2017

Laurence R. Helfer

Duke University School of Law; iCourts: Center of Excellence for International Courts

Graeme W. Austin

Victoria University of Wellington

Date Written: January 28, 2011

Abstract

'Human Rights and Intellectual Property: Mapping the Global Interface' explores the intersections 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, the creators and owners of intellectual property are asserting a human rights justification for the expansion of legal protections.

The book explores the legal, institutional, and political implications of these competing claims in three ways: (1) by offering a framework for exploring the connections and divergences between these subjects; (2) by identifying the pathways along which jurisprudence, policy, and political discourse are likely to evolve; and (3) by serving as a teaching and learning resource for scholars, activists, and students. This excerpt contains the book's table of contents, preface, and concluding chapter.

Keywords: human rights, civil and political rights, economic, social and cultural rights, right to health, intellectual property, TRIPS agreement, authors' rights, copyright, patent, trademark, pharmaceuticals, indigenous peoples, WTO, education, conflict of international laws

Suggested Citation

Helfer, Laurence R. and Austin, Graeme W., Human Rights and Intellectual Property: Mapping the Global Interface (January 28, 2011). Cambridge University Press, 2011; Arizona Legal Studies Discussion Paper No. 10-18; Victoria University of Wellington Legal Research Paper No. 134/2017. Available at SSRN: https://ssrn.com/abstract=1612362

Laurence R. Helfer (Contact Author)

Duke University School of Law ( email )

210 Science Dr.
Box 90360
Durham, NC 27708
United States
+1-919-613-8573 (Phone)

HOME PAGE: http://law.duke.edu/fac/helfer/

iCourts: Center of Excellence for International Courts ( email )

Studiestraede 6
Copenhagen, DK-1455
Denmark

HOME PAGE: http://jura.ku.dk/icourts/news/laurence-r-helfer/

Graeme W. Austin

Victoria University of Wellington ( email )

PO Box 600
Wellington, 6140
New Zealand

HOME PAGE: http://www.victoria.ac.nz/law/staff/graeme-austin.asp

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