Human Rights and Intellectual Property Rights
A.A. Yusuf, C. M. Correa (Eds) Intellectual Property and International Trade: The Trips Agreement, Alphen aan den Rijn: Kluwer Law International, Third Edition, 2016
Center for International Intellectual Property Studies (CEIPI) Research Paper no. 2017-13
30 Pages Posted: 2 Feb 2018
Date Written: March 1, 2015
The 2007 version of this chapter started by noting that “In the last decade the relationship between human rights and intellectual property rights has moved centre stage on the agenda of diverse international forums.” Eight years later, the central importance of the interface between intellectual property rights and human rights in the academic, normative, judicial and policy domains can only be confirmed. The relationship between these two legal regimes is now extremely rich and a large number of subareas of specialization have flourished. Scholarly production has expanded, and human rights arguments have become ever more important in intellectual property jurisprudence. Human rights courts and bodies have also become interested in the impact and interaction between human rights and intellectual property law.
The present chapter updates the 2007 version, which introduced the foundations and systemic relations between intellectual property and human rights, but did not analyze specific human rights. Given the evolution experienced in the last eight years it is necessary to underline the existence of a very rich scholarly production addressing concrete areas of intersection. This is indeed the case of the interface between intellectual property and the rights to health, food, development, science and culture, privacy, freedom of expression and property, as well as the right to conduct businesses and, among others, the right to fair trial.1 Within this period of time views on the relationship between intellectual property and human rights have also evolved. While a decade ago it was generally held that there were drastic conflicts between the two regimes, the majority today tends to defend a coexistence between human rights and intellectual property.
Keywords: Human Rights;Intellectual Property Rights;
Suggested Citation: Suggested Citation