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International Intellectual Property Law And Human Security

Author: Robin Ramcharan
Publisher: Springer Science & Business Media
ISBN: 906704900X
Size: 39.18 MB
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This book examines how intellectual property rights (IPR) affect the daily lives of individuals worldwide and how that may in turn impact the health and wealth of nations. While the protection of the intellectual endeavours of authors and inventors is vital for a fair and just society it is important that the IPR regime remains flexible enough to encourage creativity, innovation and the free flow of information and technology that are critical to the well being of billions of people, especially in the developing world. This work examines the implications of the IPR regime for basic human security. It examines the relationship between IPR regime and fundamental human rights, such as the right to education, health and food, and the broader right to development. This book will be of interest to IP scholars, international relations specialists and international security analysts, in particular those interested in non-traditional security issues. It may also serve as resource book for the international business community on developmental and human rights aspects of IP.

A Human Rights Framework For Intellectual Property Innovation And Access To Medicines

Author: Joo-Young Lee
Publisher: Routledge
ISBN: 1317187814
Size: 32.13 MB
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This book examines the relationship between intellectual property in pharmaceuticals and access to medicines from a human rights perspective, with a view to contributing to the development of a human rights framework that can guide States in enacting and implementing intellectual property law and policy. The study primarily explores whether conflicts between patents and human rights in the context of access to medicines are inevitable, or whether patents can be made to serve human rights. What could be a normative framework that human rights might provide for patents and innovation? Joo-Young Lee argues that it is necessary to have a deepened understanding of each of the two sets of norms that govern this issue, that is, patent law and international human rights law. The chapters investigate the relevant dimensions of patent law, and analyse particular human rights bearing upon the issue of intellectual property and access to medicines. This study will be of great interest to academic specialists, practitioners or professionals in the fields of human rights, trade, and intellectual property, as well as policy makers, activists, and health professionals across the world working in intellectual property and human rights.

Human Security And Human Rights Under International Law

Author: Dorothy Estrada-Tanck
Publisher: Bloomsbury Publishing
ISBN: 1509902376
Size: 80.67 MB
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Human security provides one of the most important protections; a person-centred axis of freedom from fear, from want and to live with dignity. It is surprising given its centrality to the human experience, that its connection with human rights has not yet been explored in a truly systematic way. This important new book addresses that gap in the literature by analysing whether human security might provide the tools for an expansive and integrated interpretation of international human rights. The examination takes a two-part approach. Firstly, it evaluates convergences between human security and all human rights – civil, political, economic, social and cultural – and constructs an investigative framework focused on the human security-human rights synergy. It then goes on to explore its practical application in the thematic cores of violence against women and undocumented migrants in the law and case-law of UN, European, Inter-American and African human rights bodies. It takes both a legal and interdisciplinary approach, recognising that human security and its relationship with human rights cuts across disciplinary boundaries. Innovative and rigorous, this is an important contribution to human rights scholarship.

Human Security And International Law

Author: Barbara von Tigerstrom
Publisher: Bloomsbury Publishing
ISBN: 1847313868
Size: 43.82 MB
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The concept of 'human security' has influenced discourse and practice and has been the subject of vigorous debate. Despite its relevance to central questions of international law, human security has until recently received little attention from international lawyers. This book has two related goals: to evaluate human security as a concept that could be used in the analysis of international law, and to determine what insights about a human security approach might be gained by considering it from the perspective of international law. The first part of the book examines the evolution and meanings of the concept and its links with existing theories and principles of international law. The second part explores the ways in which human security has been and could be used in relation to the diverse topics of humanitarian intervention, internally displaced persons, small arms control, and global public health. The analysis sheds new light on debates about the concept's potential and limitations.

Intellectual Property Human Rights And Development

Author: Duncan Matthews
Publisher: Edward Elgar Publishing
ISBN: 0857931245
Size: 63.85 MB
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'Each chapter analyses both policy areas, access to medicines and agriculture/genetic resources. These three exceptionally rich, fieldwork-based case studies constitute the meat – and the principal contribution – of this book. . . The book marks a major contribution for the empirical material alone.' – Ken Shadlen, Journal of Development Studies 'Duncan Matthews has produced a first-rate, in-depth analysis of the role of NGOs in international and national intellectual property policy. Based on extensive primary research, this book provides a smart, thoughtful perspective on the role of key developing country NGOs, NGOs' relationships with national policymakers, and with multilateral institutions. Everyone interested in the interface of intellectual property policy and human rights, development, access to medicines, farmers' rights, and biodiversity should read this compelling account. I highly recommend this excellent contribution to our understanding.' – Susan K. Sell, George Washington University, US 'One of the features of international negotiations has been the increasing participation of non-governmental organizations. In this important book, Duncan Matthews shows the nature and extent of NGO influence in the negotiations over intellectual property. Written with great clarity and drawing on interview data and case studies, the book will be valuable to both scholars and practitioners working in international negotiation.' – Peter Drahos, Australian National University 'This book reveals how non-governmental organizations helped developing countries to better understand and mitigate the impact of the new standards of intellectual property protection that those countries were forced to adopt in the context of trade negotiations. Based on comprehensive and rigorous research, the author offers an outstanding piece that will not only be important for academics, policy-makers and students working in the area of intellectual property, but also for those more broadly interested in the implementation of human rights, coalition-building scenarios and framing strategies.' – Carlos Correa, University of Buenos Aires, Argentina 'This is a valuable corrective to a debate that is too often premised on the perspective of rich and developed countries. Focussing on the network of NGOs that supports developing countries, Duncan Matthews fills a major gap in the analysis of international disputes about intellectual property. His analysis rightly demolishes the position that developing countries have remained helpless in the face of developments in the global governance of IPRs, and helps explain how the global politics of IPRs is shifting.' – Christopher May, Lancaster University, UK This insightful and important new book explores the role played by non-governmental-organizations (NGOs) in articulating concerns at the TRIPS Council, the WIPO, the WHO, the CBD-COP and the FAO that intellectual property rights can have negative consequences for developing countries. Duncan Matthews describes how coalitions of international NGOs have influenced the way that the relationship between intellectual property rights and development is understood, often framing the message as a human rights issue to emphasize these concerns and ensure that access to medicines, food security and the rights of indigenous peoples over their traditional knowledge are protected. Based on extensive research undertaken in Geneva and in developing countries, the book also reveals how NGOs and broader social movements in Brazil, India and South Africa have played a crucial role in addressing the negative impacts of intellectual property rights by using human rights law as a practical tool before national courts and when seeking to influence national legislation and government policy. Intellectual Property, Human Rights and Development will appeal to academics, practitioners, activists, international negotiators and postgraduate students in intellectual property law, human rights law, the international political economy of intellectual property rights and development studies.

Intellectual Property And Human Development

Author: Tzen Wong
Publisher: Cambridge University Press
ISBN: 113949001X
Size: 59.98 MB
Format: PDF
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This book examines the social impact of intellectual property laws. It addresses issues and trends relating to health, food security, education, new technologies, preservation of bio-cultural heritage and contemporary challenges in promoting the arts. It explores how intellectual property frameworks could be better calibrated to meet socio-economic needs in countries at different stages of development, with local contexts and culture in mind. A resource for policy-makers, stakeholders, non-profits and students, this volume furthermore highlights alternative modes of innovation that are emerging to address such diverse challenges as neglected or resurgent diseases in developing countries and the harnessing of creative possibilities on the Internet. The collected essays emphasize not only fair access by individuals and communities to intellectual property – protected material, whether a cure, a crop variety, clean technology, a textbook or a tune – but also the enhancement of their own capabilities in cultural participation and innovation.

Security And International Law

Author: Mary E Footer
Publisher: Bloomsbury Publishing
ISBN: 1782255893
Size: 80.10 MB
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Of the many challenges that society faces today, possibly none is more acute than the security of ordinary citizens when faced with a variety of natural or man-made disasters arising from climate and geological catastrophes, including the depletion of natural resources, environmental degradation, food shortages, terrorism, breaches of personal security and human security, or even the global economic crisis. States continue to be faced with a range of security issues arising from contested territorial spaces, military and maritime security and security threats relating to energy, infrastructure and the delivery of essential services. The theme of the book encompasses issues of human, political, military, socio-economic, environmental and energy security and raises two main questions. To what extent can international law address the types of natural and man-made security risks and challenges that threaten our livelihood, or very existence, in the twenty-first century? Where does international law fall short in meeting the problems that arise in different situations of insecurity and how should such shortcomings be addressed?

Security And Human Rights

Author: Benjamin J Goold
Publisher: Bloomsbury Publishing
ISBN: 1847317006
Size: 30.91 MB
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In the wake of the events of September 11th, the task of reconciling issues of security with a respect for fundamental human rights has emerged as one of the key challenges facing governments throughout the world. Although the issues raised by the rise of security have been the subject of considerable academic interest, to date much of the debate surrounding the impact of security on human rights has taken place within particular disciplinary confines. In contrast, this collection of essays from leading academics and practitioners in the fields of criminal justice, public law, international law, international relations and legal philosophy offers a genuinely multidisciplinary perspective on the relationship between security and human rights. In addition to exploring how the demands of security might be reconciled with the desire to protect established rights, Security and Human Rights offers a fresh perspective on the broader legal and political challenges that lie ahead as states attempt to control crime, prevent terrorism and protect their citizens.

Human Rights And Intellectual Property

Author: Laurence R. Helfer
Publisher: Cambridge University Press
ISBN: 1139496913
Size: 19.15 MB
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This book explores the interface 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, creators and owners of intellectual property are asserting a human rights justification for the expansion of legal protections. This book explores the legal, institutional, and political implications of these competing claims: by offering a framework for exploring the connections and divergences between these subjects; by identifying the pathways along which jurisprudence, policy, and political discourse are likely to evolve; and by serving as an educational resource for scholars, activists, and students.

Human Security And Human Rights Under International Law

Author: Dorothy Estrada-Tanck
Publisher: Bloomsbury Publishing
ISBN: 1509902376
Size: 18.59 MB
Format: PDF, Mobi
View: 858
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Human security provides one of the most important protections; a person-centred axis of freedom from fear, from want and to live with dignity. It is surprising given its centrality to the human experience, that its connection with human rights has not yet been explored in a truly systematic way. This important new book addresses that gap in the literature by analysing whether human security might provide the tools for an expansive and integrated interpretation of international human rights. The examination takes a two-part approach. Firstly, it evaluates convergences between human security and all human rights – civil, political, economic, social and cultural – and constructs an investigative framework focused on the human security-human rights synergy. It then goes on to explore its practical application in the thematic cores of violence against women and undocumented migrants in the law and case-law of UN, European, Inter-American and African human rights bodies. It takes both a legal and interdisciplinary approach, recognising that human security and its relationship with human rights cuts across disciplinary boundaries. Innovative and rigorous, this is an important contribution to human rights scholarship.