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Intellectual Property and Human Rights


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Contents: Preface PART I: SETTING THE STAGE: THE LAW AND ITS TRENDS 1. General Introduction Willem Grosheide 2. Human Rights Law Status Report Cees Flinterman 3. Expansion and Convergence in Copyright Law Madeleine de Cock Buning 4. Patents and Human Rights: Where is the Paradox? Rochelle Cooper Dreyfuss PART II: INTELLECTUAL PROPERTY RIGHTS AS HUMAN RIGHTS 5. Introduction Jerzy Koopman COPYRIGHT LAW AND PATENT LAW: TO ITS RECOGNITION - DIFFERING VIEWS 6. Is Copyright Fit for the 21st Century? No! Joost Smiers 7. Intellectual Property Rights, Human Rights and the Right to Health Duncan Matthews 8. On Patents and Human Rights Jan Brinkhof 9. Current Patent Laws Cannot Claim the Backing of Human Rights Wendy J. Gordon PART III: HUMAN RIGHTS AS RESTRICTIONS TO INTELLECTUAL PROPERTY RIGHTS 10. Introduction Lucky Belder COPYRIGHT LAW AND PATENT LAW: TO ITS ENFORCEMENT - DIFFERING VIEWS 11. A Practical Analysis of the Human Rights Paradox in Intellectual Property Law: Russian Roulette Charlotte Waelde and Abbe E.L. Brown 12. Human Rights' Limitations in Patent Law Geertrui Van Overwalle 13. Human Rights as a Constraint on Intellectual Property Rights: The Case of Patent and Plant Variety Protection Rights, Genetic Resources and Traditional Knowledge Charles R. McManis 14. A Comment on 'Human Rights as a Constraint on Intellectual Property Rights: The Case of Patent and Plant Variety Protection Rights, Genetic Resources and Traditional Knowledge' Martin J. Adelman Index

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Edited by Willem Grosheide, Van Doorne Lawyers, The Netherlands


'Gathering together essays by leading commentators, Professor Willem Grosheide's timely book offers an excellent overview of the many significant questions of social and legal policy that emerge at interface between intellectual property and human rights. The relationship between intellectual property and human rights is, or should be, central to the thinking of everyone concerned with some of the most profound problems with which individual nations and the international community must now contend - including scientific, technological, and cultural development, public health, access to culture, education, freedom of expression, rights of indigenous peoples and the rights of creative workers. Providing a range of views on the human rights implications of intellectual property law and policy, this collection makes a valuable contribution to current debates on these critically important issues.' - Graeme Austin, University of Arizona, US

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