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"The intellectual property regime influences almost every sphere of economic life, having a significant impact on the protection and promotion of human rights. This succinct introduction gives a brief view of the long-standing issue concerning an intellectual property definition, as well as of its historical origins and evolutions, and of its fundamental fields of protection. The author provides a view on the relationship between intellectual property and human rights that have for long been treated in virtual isolation from each other and investigates the fundamental international and regional provisions that have created an intersection between human rights law and intellectual property regimes. The book also includes the most relevant legal instruments on Intellectual Property and Human Rights"--Back cover.
Relation between intellectual property systems and human rights
23
2.1.
Inherent differences between human rights and intellectual property rights
26
2.2.
The conflict approach, the coexistence approach and the "human rights" one
30
2.3.
Getting a "human rights framework" for intellectual property law
35
ch. 3
Human rights law's intersections with intellectual property system
39
3.1.
Main international provisions on IPRS
39
3.1.1.
Article 15 of the international covenant on economic, social and cultural rights
41
3.1.2.
First steps toward a balanced regime of intellectual property protection
45
3.2.
Regional and national provisions on IPRS
50
3.3.
General issues and problems
54
ch. 4
Intellectual property systems, traditional knowledge and human rights
57
4.1.
Lack of an effective protection of traditional Knowledge
57
4.1.1.
Bio Piracy
59
4.2.
Traditional knowledge and related human rights issues
61
4.2.1.
Features of traditional knowledge that make existing IP systems not suitable for protecting it
63
4.3.
Two possible strategies to protect Traditional Knowledge
65
Conclusion
69
Bibliography
77
List of documents
77
Appendix
79
Paris Convention for the Protection of Industrial Property
81
Berne Convention for the Protection of Literary and Artistic Works
113
Universal Declaration of Human Rights
155
International Covenant on Economic, Social and Cultural Rights
157
Uruguay Round Agreement: TRIPS Trade-Related Aspects of Intellectual Property Rights
159
General comment No. 17 (2005) - The right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author (article 15, paragraph 1 (c), of the Covenant)
