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Intellectual Property and Human Rights. Third Edition

Edited by Paul L.C. Torremans


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Information Law Series Volume 34

As human rights issues continue to arise in an intellectual property context, this well-established cornerstone work in the debate has kept pace with developments and trends in this nexus of legal issues. Now, in an expanded and updated third edition, well-known authorities in both intellectual property law and human rights law present in-depth analysis and discussion of the essential issues, centred on the relations between intellectual property and freedom of expression and the fundamental right to privacy in an intellectual property environment. Topics new to this edition include the following:

  • nanotechnology and intellectual property rights and human rights;
  • the issue of plain packaging;
  • copyright and online communication;
  • gene patents and human rights;
  • investment in brands and basic rights and free competition rules in the EU; and
  • fair use, transformative use, and the U.S. First Amendment.

In the years to come, more and more lawyers will be confronted with issues involving the interaction of intellectual property and human rights. Practitioners, academics, and policymakers in both fields will continue to recognize and use this preeminent resource as a springboard to the future development of this crucial area of legal theory and practice.

Pages 968
Last Updated 07/28/2015
Product Line Kluwer Law International
ISBN 9789041158369
SKU 10059203-0001
Table of Contents

Editor and Contributors


Part I The Relationship between Intellectual Property and Human Rights

Chapter 1 How Intellectual Property and Human Rights: Can Live Together: An Updated Perspective Daniel J. Gervais

Chapter 2 The New Innovation Frontier? Intellectual Property and the European Court of Human Rights Laurence R. Helfer

Chapter 3 Challenges to the Development of a Human Rights Framework for Intellectual Property Peter K. Yu

Chapter 4 Reconceptualizing the Constitutional Dimension of Intellectual Property Christophe Geiger

Chapter 5 Intellectual Property Rights and Human Rights: Coinciding and Cooperating Gemma Minero

Chapter 6 Proportionality and Balancing within the Objectives for Intellectual Property Protection Henning Grosse Ruse-Khan

Chapter 7 Copyright (and Other Intellectual Property Rights) as a Human Right Paul L.C. Torremans

Part II Copyright and Human Rights

Chapter 8 Copyright and Freedom of Expression in Canada Myra J. Tawfik

Chapter 9 Fair Dealing Defences Patrick Masiyakurima

Chapter 10 Copyright Law Reform through a Human Rights Lens Graeme W. Austin & Amy G. Zavidow

Chapter 11 The Conflict between the Human Right to Education and Copyright Sharon E. Foster

Chapter 12 Copyright and the Two Cultures of Online Communication Alexander Peukert

Chapter 13 Fair Use, Transformative Use and the First Amendment Marshall Leaffer

Part III Trademarks, Related Rights and Human Rights

Chapter 14 Is There a Right to an Immoral Trademark? Jonathan Griffıths

Chapter 15 Trademarks and Human Rights Marco Ricolfi

Chapter 16 Folklore, Human Rights and Intellectual Property Andrea Radonjanin

Chapter 17 Geographical Indications and Human Rights Dev Gangjee

Chapter 18 Is Taking Advantage Always Unfair?: Balancing Interest in Investment in Brands with Basic Rights and Free Competition Rules in the EU Nigar Kirimova

Chapter 19 Trademarks and Human Rights: The Issue of Plain Packaging Owen H Dean

Part IV Rights in Information

Chapter 20 Recapturing Liberated Information: The Relationship between the United Kingdom’s Freedom of Information Act 2000 and Private Law Restraints on Disclosure Jonathan Griffıths

Chapter 21 ‘Holding the Line’: The Relationship between the Public Interest and Remedies Granted or Refused, Be It for Breach of Confidence or Copyright Alison Firth

Chapter 22 Privacy, Confidentiality and Property Peter Jaffey

Chapter 23 Developing a Right of Privacy for Corporations Jacqueline Nwozo

Chapter 24 Personalized Medicine, Intellectual Property Rights and Human Rights Sven J.R. Bostyn

Chapter 25 Human Stem Cell Research: Ethical and Religious Concerns over Patenting Biotechnological Inventions in Malaysia Ida Madieha Azmi & Majdah Zawawi

Chapter 26 Intellectual Property Rights and Human Rights for Nanotechnology in Malaysia Norain Binti Ismail

Chapter 27 Gene Patents and Human Rights Geertrui Van Overwalle