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Intellectual Property Law and Human Rights 5th ed

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Intellectual Property Law and Human Rights 5th ed

Author: Paul L.C. Torremans
Publisher: Kluwer Law International
ISBN: 9789403515694

Previous Edition ISBN: 9789403513041
Published In: June 2026
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

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:

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
upcycling
the role of exhaustion
algorithmic copyright enforcement and free speech
humour, parody and freedom of expression
patents and access to health-technologies
IPRs, AI and the Right to Science
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:

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.

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