How Intellectual property and human rights : can live together : an updated perspective / Daniel J. Gervais -- The new innovation frontier? intellectual property and the European Court of Human Rights / Laurence R. Helfer -- Challenges to the development of a human rights framework for intellectual property / Peter K. Yu -- Reconceptualizing the constitutional dimension of intellectual property / Christophe Geiger -- Intellectual property rights and human rights : coinciding and cooperating / Gemma Minero -- Proportionality and balancing within the objectives for intellectual property protection / Henning Grosse Ruse-Khan -- Copyright (and other intellectual property rights) as a human right / Paul L.C. Torremans -- Copyright and freedom of expression in Canada / Myra J. Tawfik -- Fair dealing defences / Patrick Masiyakurima -- Copyright law reform through a human rights lens / Graeme W. Austin & Amy G. Zavidow -- The conflict between the human right to education and copyright / Sharon E. Foster -- Copyright and the two cultures of online communication / Alexander Peukert -- Fair use, transformative use and the First Amendment / Marshall Leaffer -- Is there a right to an immoral trademark? / Jonathan Griffiths -- Trademarks and human rights / Marco Ricolfi -- Folklore, human rights and intellectual property / Andrea Radonjanin -- Geographical indications and human rights / Dev Gangjee -- Is taking advantage always unfair? : balancing interest in investment in brands with basic rights and free competition rules in the EU / Nigar Kirimova -- Trademarks and human rights : the issue of plain packaging / Owen H Dean -- Recapturing liberated information : the relationship between the United Kingdom's Freedom of Information Act 2000 and private law restraints on disclosure / Jonathan Griffiths -- 'Holding the line' : the relationship between the public interest and remedies granted or refused, be it for breach of confidence or copyright / Alison Firth -- Privacy, confidentiality and property / Peter Jaffey -- Developing a right of privacy for corporations / Jacqueline Nwozo -- Personalized medicine, intellectual property rights and human Rights / Sven J.R. Bostyn -- Human stem cell research : ethical and religious concerns over patenting biotechnological inventions in Malaysia / Ida Madieha Azmi & Majdah Zawawi -- ntellectual property rights and human rights for nanotechnology in Malaysia / Norain Binti Ismail -- Gene Patents and Human Rights / Geertrui Van Overwalle.
Summary:
Human rights issues arise more and more often in an intellectual property context. ' Intellectual property and human rights' is the first comprehensive analysis of this emerging nexus of legal issues. In twenty-one incisive essays, well-known authorities in both intellectual property law and human rights law present in-depth analysis and discussion of such essential topics as the following: The human rights credentials of copyright and other intellectual property rights; The relations between copyright and freedom of speech and of expression, from the perspectives of both North American and European law; The relevance to copyright of the public interest defence in European law; The way trade marks and human rights interfere; The human rights and morality aspects of biotechnological patents and stem cell patents; The interaction between human rights and geographical indications; and The fundamental rights of privacy in an intellectual property environment. In the years to come, more and more lawyers will be confronted with issues involving the interaction of intellectual property and human rights. As a groundbreaking work ' Intellectual property and human rights' will be seen as a cornerstone of the debate. Practitioners, academics and policymakers in both fields will immediately recognize its value as a springboard to the informed future development of this new and crucial area of legal theory and practice.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.