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Research Handbook on Human Rights and Intellectual Property
Research Handbook on Human Rights and Intellectual Property is a comprehensive reference work on the intersection of human rights and intellectual property law. Resulting from a field-specific expertise of over 40 scholars and professionals of world renown, the book explores the practical and doctrinal implications of human rights on intellectual property law and jurisprudence. In particular, the chapters scrutinize issues related to interactions among and between norms of different legal families, the role of human rights in development of the balanced intellectual property legal framework, standing case-law of national and regional courts and intellectual property offices reconciling overlapping rights and obligations, and identify the practical significance of different human rights for the exercise of intellectual property rights.
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Critical Acclaim
Contributors
Contents
More Information
Research Handbook on Human Rights and Intellectual Property is a comprehensive reference work on the intersection of human rights and intellectual property law. Resulting from a field-specific expertise of over 40 scholars and professionals of world renown, the book explores the practical and doctrinal implications of human rights considerations on intellectual property law and jurisprudence.
The various chapters of the book scrutinize issues related to interactions among and between norms of different legal families and the role of human rights in the development of a balanced intellectual property legal framework. The innovative approach of the book is reflected in its structure: the first part provides a foundation for the human rights and intellectual property discourse; the second sheds light on the human rights implications for the development of intellectual property; and the third (characterised by a human rights perspective) is devoted to the specific issues of interaction between human rights and intellectual property.
Exploring in depth a variety of interactions between human rights and intellectual property law, the book will be of great interest to academics and experts working within human rights, intellectual property, development, international relations and international public law.
The various chapters of the book scrutinize issues related to interactions among and between norms of different legal families and the role of human rights in the development of a balanced intellectual property legal framework. The innovative approach of the book is reflected in its structure: the first part provides a foundation for the human rights and intellectual property discourse; the second sheds light on the human rights implications for the development of intellectual property; and the third (characterised by a human rights perspective) is devoted to the specific issues of interaction between human rights and intellectual property.
Exploring in depth a variety of interactions between human rights and intellectual property law, the book will be of great interest to academics and experts working within human rights, intellectual property, development, international relations and international public law.
Critical Acclaim
''This remarkable book covers the impact of human rights on intellectual property law in the most comprehensive review ever undertaken. It is destined to influence the future development of this field and constitutes an essential resource for both scholars and practitioners.’
– Jerome H. Reichman, Duke University, School of Law, US
''Professor Geiger has assembled an extraordinary group of leading legal scholars, human rights lawyers, judges, and international civil servants to provide comprehensive, up-to-the-minute coverage of all the major issues implicated by the interaction between human rights and intellectual property. This volume will be required reading for anyone interested in this increasingly important topic.''
– Beebe Barton, New York University, School of Law, US
''As he has done throughout his career in edited books, Christophe Geiger – Europe''s leading scholar in this interdisciplinary area – has once again collected a splendid set of authors and inveigled them to produce one of the most definitive compendia of essays on human rights and intellectual property. The discourse set out in this tome is magnificently wide and thought-provoking. There is much within the 35 chapters to stimulate readers of all persuasions and specialisms, be it development theories, corporate rights, international diplomacy or general philosophical trends.''
– Uma Suthersanen, Queen Mary Intellectual Property Research Institute, UK
''Human rights and intellectual property have travelled on separate avenues for too long, hardly interacting, and dealt with by separate communities. Yet, life does not make artificial distinctions of that kind. It confronts us with complex problems, interfacing intellectual property and human rights, both substantive and procedural. This Handbook proves the point. It offers an impressive and comprehensive account of such interface in domestic, European and global law, expounding foundations and jurisprudence. It makes an important and most welcome contribution to the discourse on trade, investment and human rights and the quest to find a proper balance. It offers new insights and is essential reading to all interested in exploring the complex relationship of human rights and intellectual property in legal practice and academic research''
– Thomas Cottier, University of Bern, Switzerland
''Intellectual property law draws boundaries around human creativity. In doing so it intersects with the principles and values of the human rights tradition. In this remarkable volume, Professor Christophe Geiger has brought together a great team of scholars to explore this intersection. The result is a Research Handbook that is comprehensive in its coverage of jurisdictions, issues and debates. It is an indispensable starting point for researchers wishing to understand the field and its many topics.''
– Peter Drahos, Australian National University and Queen Mary University of London, UK
‘Offering both depth and breadth of coverage on this important subject (which certainly impacts on other areas of law) this book will make a welcome contribution to the body of scholarship on both intellectual property and human rights issues worldwide. In a globalized economy, it will almost undoubtedly emerge as required reading for practitioners and researchers on both sides of the Atlantic.’
– The Barrister Magazine
– Jerome H. Reichman, Duke University, School of Law, US
''Professor Geiger has assembled an extraordinary group of leading legal scholars, human rights lawyers, judges, and international civil servants to provide comprehensive, up-to-the-minute coverage of all the major issues implicated by the interaction between human rights and intellectual property. This volume will be required reading for anyone interested in this increasingly important topic.''
– Beebe Barton, New York University, School of Law, US
''As he has done throughout his career in edited books, Christophe Geiger – Europe''s leading scholar in this interdisciplinary area – has once again collected a splendid set of authors and inveigled them to produce one of the most definitive compendia of essays on human rights and intellectual property. The discourse set out in this tome is magnificently wide and thought-provoking. There is much within the 35 chapters to stimulate readers of all persuasions and specialisms, be it development theories, corporate rights, international diplomacy or general philosophical trends.''
– Uma Suthersanen, Queen Mary Intellectual Property Research Institute, UK
''Human rights and intellectual property have travelled on separate avenues for too long, hardly interacting, and dealt with by separate communities. Yet, life does not make artificial distinctions of that kind. It confronts us with complex problems, interfacing intellectual property and human rights, both substantive and procedural. This Handbook proves the point. It offers an impressive and comprehensive account of such interface in domestic, European and global law, expounding foundations and jurisprudence. It makes an important and most welcome contribution to the discourse on trade, investment and human rights and the quest to find a proper balance. It offers new insights and is essential reading to all interested in exploring the complex relationship of human rights and intellectual property in legal practice and academic research''
– Thomas Cottier, University of Bern, Switzerland
''Intellectual property law draws boundaries around human creativity. In doing so it intersects with the principles and values of the human rights tradition. In this remarkable volume, Professor Christophe Geiger has brought together a great team of scholars to explore this intersection. The result is a Research Handbook that is comprehensive in its coverage of jurisdictions, issues and debates. It is an indispensable starting point for researchers wishing to understand the field and its many topics.''
– Peter Drahos, Australian National University and Queen Mary University of London, UK
‘Offering both depth and breadth of coverage on this important subject (which certainly impacts on other areas of law) this book will make a welcome contribution to the body of scholarship on both intellectual property and human rights issues worldwide. In a globalized economy, it will almost undoubtedly emerge as required reading for practitioners and researchers on both sides of the Atlantic.’
– The Barrister Magazine
Contributors
Contributors: A. Abdel-Latif, T. Aplin, C. Ávila Plaza, D.B. Barbosa, A. Brown, C. Chiarolla, J. Christoffersen, C.M. Correa, T. Dreier, P. Ducoulombier, L. Falcon, S. Farran, S. Frankel, D. Gangjee, M. Ganzhorn, C. Geiger, D. Gervais, G. Ghidini, J. Griffiths, H. Grosse Ruse-Khan, L.R. Helfer, A. Kupzok, J.D. Lipton, D. Matthews, T. Mylly, A. Peukert, A. Plomer, J.M. Samuels, M. Senftleben, X. Seuba, C. Sganga, R. Smith, A. Stazi, T. Takenaka, C. Trautmann, P. von Kapff, D. Voorhoof, C. Waelde, H. Wager, J. Watal, G. Westkamp, P.K. Yu
Contents
Contents:
Foreword
Catherine Trautmann
Introduction
Christophe Geiger
1. Mapping the Interface Between Human Rights and Intellectual Property
Laurence R. Helfer
PART I LEGAL REALITY BEHIND HUMAN RIGHTS
2. Human Rights and Balancing: The Principle of Proportionality
Jonas Christoffersen
3. Interaction Between Human Rights: Are All Human Rights Equal?
Peggy Ducoulombier
4. Interaction Between International Human Rights Law and the European Legal Framework
Rhona Smith
5. Overlaps and Conflict Norms in Human Rights Law: Approaches of European Courts to Address Intersections with Intellectual Property Rights
Henning Grosse Ruse-Khan
6. Human Rights and Philosophical Foundations of Intellectual Property
Daniel Gervais
PART II HUMAN RIGHTS’ IMPLICATIONS FOR THE DEVELOPMENT OF INTELLECTUAL PROPERTY
Section 1: Human Rights’ Implications for Intellectual Property Legislation
7. The Constitutionalization of the European Legal Order: Impact of Human Rights on Intellectual Property In The EU
Tuomas Mylly
8. The Fundamental Right to (Intellectual) Property and the Discretion of the Legislature
Alexander Peukert
9. Human Rights and International Intellectual Property Law
Hannu Wager and Jayashree Watal
10. Human Rights and Intellectual Property Law at the Bilateral and Multilateral Levels: Substantive and Operational Aspects
Xavier Seuba
11. Mitigating the Impact of Intellectual Property in Developing Countries Through the Implementation of Human Rights
Carlos Correa
Section 2: Impact of Human Rights on Decisions of Courts and Intellectual Property Offices
12. Intellectual Property in Decisions of National Constitutional Courts in Europe
Thomas Dreier and Marco Ganzhorn
13. Intellectual Property in Decisions of Constitutional Courts of Latin American Countries
Denis Borges Barbosa and Charlene de Ávila Plaza
14. Human Rights and Intellectual Property in the United States: The Role of US Courts in Striking a Fine Balance Between Competing Policies
Toshiko Takenaka and Linda Falcon
15. Fundamental Rights in the Practice of the European Trade Mark and Designs Office (OHIM)
Philipp Von Kapff
16. Human Rights in the Case Law of the EPO Boards of Appeal
Agnieszka Kupzok
PART III PRACTICAL INTERACTION BETWEEN HUMAN RIGHTS AND INTELLECTUAL PROPERTY
Section 1: Civil and Political Rights and Intellectual Property
17. Freedom of Expression and the Right to Information: Implications for Copyright
Dirk Voorhoof
18. Free Signs and Free Use: How to Offer Room for Freedom of Expression Within the Trademark System
Martin Senftleben
19. Free Speech and Other Human Rights in ICANN’s New Generic Top Level Domain Process: Debating Top-Down Versus Bottom-Up Protections
Jacqueline D. Lipton
20. Intellectual Property and Human Rights: Reputation, Integrity and the Advent of Corporate Personality Rights
Guido Westkamp
21. Freedom to Conduct a Business, Competition and Intellectual Property
Gustavo Ghidini and Andrea Stazi
22. Right to Property and Trade Secrets
Tanya Aplin
23. Enforcement of Intellectual Property Rights and the Right to a Fair Trial
Jonathan Griffiths
24. Digital Copyright Enforcement Measures and their Human Rights Threats
Peter K. Yu
Section 2: Economic, Social and Cultural Rights and Intellectual Property
25. Human Dignity and Patents
Aurora Plomer
26. Right to Health and Patents
Duncan Matthews
27. Public Health and Trademarks: Plain Packaging Laws and the TRIPS Agreement
Jeffrey M. Samuels
28. Right to Food and Intellectual Property Protection for Plant Genetic Resources
Claudio Chiarolla
29. Geographical Indications and Cultural Rights: The Intangible Cultural Heritage Connection?
Dev S. Gangjee
30. Right to Culture and Copyright: Participation and Access
Caterina Sganga
31. Human Rights, Persons with Disabilities and Copyright
Abbe Brown and Charlotte Waelde
Section 3: Collective Rights and Intellectual Property
32. The Right to Development: What Implications for the Multilateral Intellectual Property Framework?
Ahmed Abdel-Latif
33. Using Intellectual Property Rules to Support the Self-Determination Goals of Indigenous Peoples
Susy Frankel
34. Human Rights Perspective on Protection of Traditional Knowledge and Intellectual Property: A View from Island States in the Pacific
Sue Farran
PART IV FUTURE PERSPECTIVES FOR THE INTERPLAY OF HUMAN RIGHTS AND INTELLECTUAL PROPERTY?
35. Implementing Intellectual Property Provisions in Human Rights Instruments: Towards a New Social Contract for the Protection of Intangibles
Christophe Geiger
Index
Foreword
Catherine Trautmann
Introduction
Christophe Geiger
1. Mapping the Interface Between Human Rights and Intellectual Property
Laurence R. Helfer
PART I LEGAL REALITY BEHIND HUMAN RIGHTS
2. Human Rights and Balancing: The Principle of Proportionality
Jonas Christoffersen
3. Interaction Between Human Rights: Are All Human Rights Equal?
Peggy Ducoulombier
4. Interaction Between International Human Rights Law and the European Legal Framework
Rhona Smith
5. Overlaps and Conflict Norms in Human Rights Law: Approaches of European Courts to Address Intersections with Intellectual Property Rights
Henning Grosse Ruse-Khan
6. Human Rights and Philosophical Foundations of Intellectual Property
Daniel Gervais
PART II HUMAN RIGHTS’ IMPLICATIONS FOR THE DEVELOPMENT OF INTELLECTUAL PROPERTY
Section 1: Human Rights’ Implications for Intellectual Property Legislation
7. The Constitutionalization of the European Legal Order: Impact of Human Rights on Intellectual Property In The EU
Tuomas Mylly
8. The Fundamental Right to (Intellectual) Property and the Discretion of the Legislature
Alexander Peukert
9. Human Rights and International Intellectual Property Law
Hannu Wager and Jayashree Watal
10. Human Rights and Intellectual Property Law at the Bilateral and Multilateral Levels: Substantive and Operational Aspects
Xavier Seuba
11. Mitigating the Impact of Intellectual Property in Developing Countries Through the Implementation of Human Rights
Carlos Correa
Section 2: Impact of Human Rights on Decisions of Courts and Intellectual Property Offices
12. Intellectual Property in Decisions of National Constitutional Courts in Europe
Thomas Dreier and Marco Ganzhorn
13. Intellectual Property in Decisions of Constitutional Courts of Latin American Countries
Denis Borges Barbosa and Charlene de Ávila Plaza
14. Human Rights and Intellectual Property in the United States: The Role of US Courts in Striking a Fine Balance Between Competing Policies
Toshiko Takenaka and Linda Falcon
15. Fundamental Rights in the Practice of the European Trade Mark and Designs Office (OHIM)
Philipp Von Kapff
16. Human Rights in the Case Law of the EPO Boards of Appeal
Agnieszka Kupzok
PART III PRACTICAL INTERACTION BETWEEN HUMAN RIGHTS AND INTELLECTUAL PROPERTY
Section 1: Civil and Political Rights and Intellectual Property
17. Freedom of Expression and the Right to Information: Implications for Copyright
Dirk Voorhoof
18. Free Signs and Free Use: How to Offer Room for Freedom of Expression Within the Trademark System
Martin Senftleben
19. Free Speech and Other Human Rights in ICANN’s New Generic Top Level Domain Process: Debating Top-Down Versus Bottom-Up Protections
Jacqueline D. Lipton
20. Intellectual Property and Human Rights: Reputation, Integrity and the Advent of Corporate Personality Rights
Guido Westkamp
21. Freedom to Conduct a Business, Competition and Intellectual Property
Gustavo Ghidini and Andrea Stazi
22. Right to Property and Trade Secrets
Tanya Aplin
23. Enforcement of Intellectual Property Rights and the Right to a Fair Trial
Jonathan Griffiths
24. Digital Copyright Enforcement Measures and their Human Rights Threats
Peter K. Yu
Section 2: Economic, Social and Cultural Rights and Intellectual Property
25. Human Dignity and Patents
Aurora Plomer
26. Right to Health and Patents
Duncan Matthews
27. Public Health and Trademarks: Plain Packaging Laws and the TRIPS Agreement
Jeffrey M. Samuels
28. Right to Food and Intellectual Property Protection for Plant Genetic Resources
Claudio Chiarolla
29. Geographical Indications and Cultural Rights: The Intangible Cultural Heritage Connection?
Dev S. Gangjee
30. Right to Culture and Copyright: Participation and Access
Caterina Sganga
31. Human Rights, Persons with Disabilities and Copyright
Abbe Brown and Charlotte Waelde
Section 3: Collective Rights and Intellectual Property
32. The Right to Development: What Implications for the Multilateral Intellectual Property Framework?
Ahmed Abdel-Latif
33. Using Intellectual Property Rules to Support the Self-Determination Goals of Indigenous Peoples
Susy Frankel
34. Human Rights Perspective on Protection of Traditional Knowledge and Intellectual Property: A View from Island States in the Pacific
Sue Farran
PART IV FUTURE PERSPECTIVES FOR THE INTERPLAY OF HUMAN RIGHTS AND INTELLECTUAL PROPERTY?
35. Implementing Intellectual Property Provisions in Human Rights Instruments: Towards a New Social Contract for the Protection of Intangibles
Christophe Geiger
Index
