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Intellectual Property and Human Rights, 4th Edition

Intellectual Property and Human Rights, 4th Edition

Author: Paul L.C. Torremans
Publisher: Kluwer Law International
ISBN: 9789403513041
Published In: June 2020
Format: Hardback , 968 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details
Intellectual Property Law and Human Rights is the expanded edition that provides a complete overview of all the points of interaction between intellectual property and human rights. 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 pre-eminent work in the crucial area of legal theory and practice – with nine 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. The fourth 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.

What’s in this book:

The contributors address such topics as the following and more in a confident manner:
- the status of copyright as a fundamental right;
- fair use, transformative use, and the US First Amendment;
- intellectual property in the jurisprudence of the European Court of Human Rights;
- freedom to receive and impart information under the EU Charter of Fundamental Rights;
- how to mitigate the risks that Article 17 of Directive 2019/970 poses to freedom of expression;
- fair dealing defences;
- algorithmic copyright enforcement and free speech;
- developing a right to privacy for corporations;
- expanding the role of morality and public policy in European patent law; and
- ethical and religious concerns over patenting biotechnological inventions.
How this will help you:

Keeping pace with the developments and trends in the series of legal issue, this book will prove to be a classic work in this topic. 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 and 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 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 CanadaMyra 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 PropertyAndrea 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 CorporationsJacqueline 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

Index