- The Oxford Handbook of Intellectual Property Law
- List of Contributors
- Intellectual Property Law: An Anatomical Overview
- The Basic Structure of Intellectual Property Law
- What Kind of Rights Are Intellectual Property Rights?
- Intellectual Property as a Public Interest Mechanism
- Intellectual Property and Human Rights: Mapping an Evolving and Contested Relationship
- Intellectual Property Incentives: Economics and Policy Implications
- The Emergence and Development of Intellectual Property Law in Western Europe
- The Emergence and Development of the International Intellectual Property System
- The Emergence and Development of United States Intellectual Property Law
- The Emergence and Development of Intellectual Property Law in Canada
- The Emergence and Development of Intellectual Property Law in Australia and New Zealand
- The Emergence and Development of Intellectual Property Law in Central and Eastern Europe
- Intellectual Property in Asia: ASEAN, East Asia, and India
- The Emergence and Development of Intellectual Property Law in the Middle East
- Three Centuries and Counting: The Emergence and Development of Intellectual Property Law in Africa
- The Emergence and Development of Intellectual Property Law in South America
- Patents and Related Rights: A Global Kaleidoscope
- Trade Marks and Allied Rights
- Design Protection
- Rights in Data and Information
- Overlapping Rights
- Intellectual Property Licensing
- Cross-Border Intellectual Property Enforcement
- Users, Patents, and Innovation Policy
- Traditional Knowledge, Indigenous Peoples, and Local Communities
- Intellectual Property, Development, and Access to Knowledge
- Workers in the “Groves of Academe”: The Claim of Academics to Copyright and Patents
- Intellectual Property Meets the Internet
- Intellectual Property and Competition Law
- Intellectual Property and Private Ordering
- Intellectual Property and Public Health
- Intellectual Property and Climate Change
Abstract and Keywords
This chapter provides an overview of the contested and evolving relationship between the international legal regimes governing human rights and intellectual property (IP). The chapter discusses how, prior to the mid-1990s, human rights and IP existed as distinct legal and policy domains. It then reviews the next five years, which were characterized by a rapid expansion of IP protection in treaties and national laws. Next, it explores the backlashes against that expansion and the growing awareness that strong IP protection could undermine human rights, events that occurred between 2000 to 2010. Lastly, it illustrates recent attempts to codify ceilings on IP protection in multilateral treaties, and the invocation of human rights in IP litigation before national, regional, and international courts and tribunals. The chapter concludes by identifying three aspects of the IP-human rights interface likely to occupy the attention of governments, civil society groups, and scholars in the future.
Laurence R Helfer is Harry R. Chadwick, Sr. Professor of Law at Duke University.
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