Product Line | Kluwer Law International |
|---|---|
ISBN-13 | 9789403515694 |
Availability | Ships in 5-7 Business Days |
Last Updated | 2026-06-16 |
Intellectual Property Law and Human Rights, currently in its fifth edition, is fully updated to address current matters as diverse as artificial intelligence, climate change, and biotechnological materials, all centred on the relations between intellectual property and freedom of expression and the fundamental right to privacy in an intellectual property environment. Once regarded as a niche topic, the nexus of intellectual property and human rights now lies in the eye of the storm that is today’s global economy. In this expanded new edition of the pre-eminent work in this crucial area of legal theory and practice – with twelve completely new chapters – well-known authorities in both intellectual property law and human rights law present an in-depth analysis and discussion of essential and emerging issues in the convergence of intellectual property law and human rights law.
What’s in this book:
The contributors address such topics as the following and more:
How this will help you:
As human rights issues continue to arise in an intellectual property context, practitioners, academics, and policymakers in both fields will continue to recognize and use this well-established cornerstone work in the debate as a springboard to the future development of the ever more prominent interface of intellectual property and human rights.
Editor
Contributors
Preface
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 Gervais
Chapter 2
Charting Shifts in Doctrine: Intellectual Property and the European Court of Human Rights
Laurence R. Helfer & Yuyan (Nicole) Zhang
Chapter 3
Challenges to the Development of a Human Rights Framework for Intellectual Property
Peter K. Yu
Chapter 4
The (Renewed) Relevance of Constitutionalizing Intellectual Property: Why Human Rights Are More Than Ever Crucial to Shape and Use IP Law
Christophe Geiger
Chapter 5
Intellectual Property Rights and Human Rights: Coinciding, Cooperating and Influencing
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
Chapter 8
Intellectual Property and the Freedom to Conduct a Business under the EU Charter of Fundamental Rights
Enrico Bonadio & Arjun Solanki
Part II
Copyright and Human Rights
Chapter 9
Copyright and Freedom of Expression in Canada
Myra J. Tawfik
Chapter 10
Communication to the Public of Works and Freedom to Receive and Impart Information in the Charter of Fundamental Rights
Katarzyna Klafkowska-Wasniowska
Chapter 11
Copyright and the Right to Education: Towards Balance? – Or Copyright’s Capture of the Right to Education?
Klaus D. Beiter
Chapter 12
Freedom of the Arts in Copyright Law
Alina Trapova
Chapter 13
Fair Use, Transformative Use and the First Amendment
Marshall Leaffer
Chapter 14
Fairness as a Normative Concept in EU Digital Policies: A Mapping Exercise
Giuseppe Mazziotti
Chapter 15
Finding the Balance in Copyright Law: Internal and External Control Through Fundamental Rights
Bernd Justin Jütte
Chapter 16
EU Copyright and the Human Right to Culture of People with Disabilities
Caterina Sganga
Chapter 17
Upcycling and Copyright Law: A Fundamental Rights Perspective
Péter Mezei
Chapter 18
Platforms, Algorithms and What Is Left of User Rights: Revisited
Sebastian Felix Schwemer & Jens Schovsbo
Part III
Trade Marks and Human Rights
Chapter 19
Unfair Advantage or Fair Use?: Balancing Brand Investment Interests with Fundamental Rights and Free Competition
Nigar Kirimova
Chapter 20
Constitutionalizing Algorithmic Enforcement
Giancarlo Frosio
Part IV
Patents and Human Rights
Chapter 21
Human Rights Imperative in Interpreting the Morality Exception: European Convention on Human Rights in the Unitary Patent System
Joanna Wisniowska
Chapter 22
Expanding the Role of Morality and Public Policy in European Patent Law
Karen Walsh & Naomi Hawkins
Chapter 23
Access to (Personalized) Medicine, Intellectual Property Rights and Human Rights
Sven Bostyn
Chapter 24
Human DNA and Human Embryonic Research: Ethical and Religious Concerns over Patenting Biotechnological Inventions in Malaysia
Ida Madieha bt. Abdul Ghani Azmi & Majdah Zawawi
Chapter 25
Gene Patents and Human Rights
Geertrui van Overwalle & Lodewijk Van Dycke
Chapter 26
Patents & Access to Health-Technologies in Everyday Healthcare Contexts for Rare Diseases: Implications and Limitations of the Right to Health at the National Level?
Aisling McMahon & Lauren Kane
Chapter 27
The One Right to Rule Them All? Patent Law, National Security, and the Limits of State Power
Frantzeska Papadopoulou Skarp
Part V
Transversal Aspects
Chapter 28
The Public Domain as a Human Right?
Philippe Jougleux & Tatiana Eleni Synodinou
Chapter 29
Intellectual Property, Human Rights and Climate Change
Abbe Brown
Chapter 30
EU Exhaustion of IP Rights Through the Fundamental Rights Lens
Simon Geiregat
Chapter 31
This Is Not a Joke: Humour as Protected Expression in IP
Sabine Jacques & Paul Torremans
Chapter 32
IPRs, AI and the Right to Science
Timo Minssen, Sebastian Porsdam Mann & Gabriela Lenarczyk
Index
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