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Research Handbook on Human Rights and Intellectual Property is a comprehensive reference work on the intersection of human rights and intellectual property law. and the third (characterised by a human rights perspective) is devoted to the specific issues of interaction between human rights and intellectual property.
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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 (characterized 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.Contributors include: 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, P. von Kapff, 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, D. Voorhoof, C. Waelde, H. Wager, J. Watal, G. Westkamp, P.K. Yu
Author Biography
Edited by Christophe Geiger, Professor of Law, Luiss University, Italy
Table of Contents
Contents:ForewordCatherine TrautmannIntroductionChristophe Geiger1. Mapping the Interface Between Human Rights and Intellectual PropertyLaurence R. HelferPART I LEGAL REALITY BEHIND HUMAN RIGHTS2. Human Rights and Balancing: The Principle of ProportionalityJonas Christoffersen3. Interaction Between Human Rights: Are All Human Rights Equal?Peggy Ducoulombier4. Interaction Between International Human Rights Law and the European Legal FrameworkRhona Smith5. Overlaps and Conflict Norms in Human Rights Law: Approaches of European Courts to Address Intersections with Intellectual Property RightsHenning Grosse Ruse-Khan6. Human Rights and Philosophical Foundations of Intellectual PropertyDaniel GervaisPART II HUMAN RIGHTS' IMPLICATIONS FOR THE DEVELOPMENT OF INTELLECTUAL PROPERTYSection 1: Human Rights' Implications for Intellectual Property Legislation7. The Constitutionalization of the European Legal Order: Impact of Human Rights on Intellectual Property In The EUTuomas Mylly8. The Fundamental Right to (Intellectual) Property and the Discretion of the LegislatureAlexander Peukert9. Human Rights and International Intellectual Property LawHannu Wager and Jayashree Watal10. Human Rights and Intellectual Property Law at the Bilateral and Multilateral Levels: Substantive and Operational AspectsXavier Seuba11. Mitigating the Impact of Intellectual Property in Developing Countries Through the Implementation of Human RightsCarlos CorreaSection 2: Impact of Human Rights on Decisions of Courts and Intellectual Property Offices12. Intellectual Property in Decisions of National Constitutional Courts in EuropeThomas Dreier and Marco Ganzhorn13. Intellectual Property in Decisions of Constitutional Courts of Latin American CountriesDenis Borges Barbosa and Charlene de Ávila Plaza14. Human Rights and Intellectual Property in the United States: The Role of US Courts in Striking a Fine Balance Between Competing PoliciesToshiko Takenaka and Linda Falcon15. Fundamental Rights in the Practice of the European Trade Mark and Designs Office (OHIM)Philipp Von Kapff16. Human Rights in the Case Law of the EPO Boards of AppealAgnieszka KupzokPART III PRACTICAL INTERACTION BETWEEN HUMAN RIGHTS AND INTELLECTUAL PROPERTYSection 1: Civil and Political Rights and Intellectual Property17. Freedom of Expression and the Right to Information: Implications for CopyrightDirk Voorhoof18. Free Signs and Free Use: How to Offer Room for Freedom of Expression Within the Trademark SystemMartin Senftleben19. Free Speech and Other Human Rights in ICANN's New Generic Top Level Domain Process: Debating Top-Down Versus Bottom-Up ProtectionsJacqueline D. Lipton20. Intellectual Property and Human Rights: Reputation, Integrity and the Advent of Corporate Personality RightsGuido Westkamp21. Freedom to Conduct a Business, Competition and Intellectual PropertyGustavo Ghidini and Andrea Stazi22. Right to Property and Trade SecretsTanya Aplin23. Enforcement of Intellectual Property Rights and the Right to a Fair TrialJonathan Griffiths24. Digital Copyright Enforcement Measures and their Human Rights ThreatsPeter K. YuSection 2: Economic, Social and Cultural Rights and Intellectual Property25. Human Dignity and PatentsAurora Plomer26. Right to Health and PatentsDuncan Matthews27. Public Health and Trademarks: Plain Packaging Laws and the TRIPS AgreementJeffrey M. Samuels28. Right to Food and Intellectual Property Protection for Plant Genetic ResourcesClaudio Chiarolla29. Geographical Indications and Cultural Rights: The Intangible Cultural Heritage Connection?Dev S. Gangjee30. Right to Culture and Copyright: Participation and AccessCaterina Sganga31. Human Rights, Persons with Disabilities and CopyrightAbbe Brown and Charlotte WaeldeSection 3: Collective Rights and Intellectual Property32. The Right to Development: What Implications for the Multilateral Intellectual Property Framework?Ahmed Abdel-Latif33. Using Intellectual Property Rules to Support the Self-Determination Goals of Indigenous PeoplesSusy Frankel34. Human Rights Perspective on Protection of Traditional Knowledge and Intellectual Property: A View from Island States in the PacificSue FarranPART 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 IntangiblesChristophe GeigerIndex
Review
'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 traveled 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
Review Quote
'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.'
Details ISBN1786433419 Author Christophe Geiger Pages 752 Publisher Edward Elgar Publishing Ltd ISBN-10 1786433419 ISBN-13 9781786433411 Language English Year 2016 Format Paperback Imprint Edward Elgar Publishing Ltd Place of Publication Cheltenham Country of Publication United Kingdom AU Release Date 2016-08-26 NZ Release Date 2016-08-26 UK Release Date 2016-08-26 Publication Date 2016-08-26 Series Research Handbooks in Intellectual Property series Edited by Christophe Geiger DEWEY 346.048 Audience Professional & Vocational We've got this
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