An International Law Perspective On The Protection Of Human Rights In The Trips Agreement

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An International Law Perspective on the Protection of Human Rights in the TRIPS Agreement An Interpretation of the TRIPS Agreement in Relation to the Right to Health

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Author by : Ping Xiong
Languange Used : English, France, Spanish, Italia and chinese
Page : 368
Isbn : 9004211977
Identifier : 9789004211971
Release : 2012-03-20
Publisher by : Martinus Nijhoff Publishers
Category : Law
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Description : Read Now An International Law Perspective On The Protection Of Human Rights In The Trips Agreement by Ping Xiong and you can download with pub, pdf, txt, doc, and more file format with free account. this book analyses the relationship between the trips agreement and the right to health and relevant human rights norms by using the tools of treaty interpretation of public international law.

The Right to Food and the Trips Agreement With a Particular Emphasis on Developing Countries' Measures for Food Production and Distribution

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Author by : Hans Morten Haugen
Languange Used : English, France, Spanish, Italia and chinese
Page : 506
Isbn : 9004161848
Identifier : 9789004161849
Release : 2007
Publisher by : BRILL
Category : Political Science
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Description : Read Now The Right To Food And The Trips Agreement by Hans Morten Haugen and you can download with pub, pdf, txt, doc, and more file format with free account. this volume analyses relationships between patent rights and human rights, focusing on the right to food. whether the trips agreement and the international covenant on economic, social and cultural rights actually conflict, is analyzed through different techniques of assessing treaty conflict.

The Protection of Intellectual Property in International Law

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Author by : Henning Grosse Ruse-Kahn
Languange Used : English, France, Spanish, Italia and chinese
Page : 504
Isbn : 9780199663392
Identifier : 0199663394
Release : 2016-09-28
Publisher by : no defined
Category :
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Description : Read Now The Protection Of Intellectual Property In International Law by Henning Grosse Ruse-Kahn and you can download with pub, pdf, txt, doc, and more file format with free account. this book examines intellectual property (ip) protection in the broader context of international law. against the background of the debate about norm relations within and between different rule systems in international law, it construes a holistic view of international ip law as an integral part of the international legal system. the first part sets out the theoretical foundation for such a holistic view by offering several methodological frameworks for the analysis of norm relations in international law. as a toolbox, these frameworks allow for different ways to conceptualize the linkages amongst international ip rules and those to other areas of international law. part two then considers norm relations within the international ip system. it analyses the relationship of the two main ip conventions to the world trade organization (wto) agreement on trade related aspects of international property rights (trips), as well as the relationship between trips and free trade agreements (ftas). the third part discusses alternative rule systems for the protection of ip in international law. the intellectual creations element of ip is captured by the concept of creator's rights in international human rights law; while the property aspect of ip is protected by international investment agreements and european human rights treaties. part four focuses on three core intersections between the international ip system and other areas of international law related to environmental, social and economic concerns. the areas examined concern international law on trade, biological diversity and climate change. as in part three, the perspective taken is that of the 'other' area and how it perceives its relations with international ip norms. in part five finally, the focus shifts back to the international ip system and the mechanisms it provides for taking into account the interests protected in other areas of international law.

Human Rights and Intellectual Property Mapping the Global Interface

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Author by : Laurence R. Helfer
Languange Used : English, France, Spanish, Italia and chinese
Page : 233
Isbn : 1139496913
Identifier : 9781139496919
Release : 2011-03-07
Publisher by : Cambridge University Press
Category : Law
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Description : Read Now Human Rights And Intellectual Property by Laurence R. Helfer and you can download with pub, pdf, txt, doc, and more file format with free account. this book explores the interface between intellectual property and human rights law and policy. the relationship between these two fields has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic political and judicial venues. these actors often raise human rights arguments as counterweights to the expansion of intellectual property in areas including freedom of expression, public health, education, privacy, agriculture, and the rights of indigenous peoples. at the same time, creators and owners of intellectual property are asserting a human rights justification for the expansion of legal protections. this book explores the legal, institutional, and political implications of these competing claims: by offering a framework for exploring the connections and divergences between these subjects; by identifying the pathways along which jurisprudence, policy, and political discourse are likely to evolve; and by serving as an educational resource for scholars, activists, and students.

Research Handbook on Human Rights and Intellectual Property

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Author by : Christophe Geiger
Languange Used : English, France, Spanish, Italia and chinese
Page : 752
Isbn : 1783472421
Identifier : 9781783472420
Release : 2015-02-27
Publisher by : Edward Elgar Publishing
Category : Law
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Description : Read Now Research Handbook On Human Rights And Intellectual Property by Christophe Geiger and you can download with pub, pdf, txt, doc, and more file format with free account. research handbook on human rights and intellectual property is a comprehensive reference work on the intersection of human rights and intellectual property law. resulting from a field-specific expertise of over 40 scholars and professionals of world re

A Human Rights Framework for Intellectual Property, Innovation and Access to Medicines

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Author by : Dr Joo-Young Lee
Languange Used : English, France, Spanish, Italia and chinese
Page : 282
Isbn : 1472410610
Identifier : 9781472410610
Release : 2015-07-28
Publisher by : Ashgate Publishing, Ltd.
Category : Law
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Description : Read Now A Human Rights Framework For Intellectual Property Innovation And Access To Medicines by Dr Joo-Young Lee and you can download with pub, pdf, txt, doc, and more file format with free account. this study primarily explores whether conflicts between patents and human rights in the context of access to medicines are inevitable, or whether patents can be made to serve human rights. the author argues that it is necessary to have a deepened understanding of each of the two sets of norms that govern this issue, that is, patent law and international human rights law. the chapters investigate the relevant dimensions of patent law and analyse particular human rights bearing upon the issue of intellectual property and access to medicines.

Intellectual Property Rights in a Fair World Trade System Proposals for Reform of Trips

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Author by : Annette Kur
Languange Used : English, France, Spanish, Italia and chinese
Page : 640
Isbn : 1849809585
Identifier : 9781849809580
Release : 2011-01-01
Publisher by : Edward Elgar Publishing
Category : Law
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Description : Read Now Intellectual Property Rights In A Fair World Trade System by Annette Kur and you can download with pub, pdf, txt, doc, and more file format with free account. intellectual property law (ip) - particularly in relation to international trade regimes - is increasingly finding itself challenged by rapid developments in the technological and global economic landscapes. in its attempt to maintain a responsive legislative system that is interacting successfully with global trade rules, ip is having to respond to an increasing number of actors on an international level. this book examines the problems associated with this undertaking as well as suggesting possible revisions to the trips agreement that would make it more relevant to the environment in which today's ip mechanisms are operating. the overall aim is to find an adequate response to the 'ip balance dilemma'. the theme is pursued throughout various topics, including a look at what this means in relation to economy in a country like china, and also considering how ip is increasingly having to reconcile itself with human rights issues.

Intellectual Property and Human Rights A Paradox

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Author by : F. W. Grosheide
Languange Used : English, France, Spanish, Italia and chinese
Page : 328
Isbn : 1849802041
Identifier : 9781849802048
Release : 2010-01-01
Publisher by : Edward Elgar Publishing
Category : Political Science
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Description : Read Now Intellectual Property And Human Rights by F. W. Grosheide and you can download with pub, pdf, txt, doc, and more file format with free account. . . . very refreshing. . . a valuable contribution to the debate. european intellectual property review the collection of articles makes a valuable contribution to current debates on these critically important issues by providing a range of views on the human rights implications of intellectual property law and policy. madhu sahni, journal of intellectual property rights 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. . . 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 in the modern era where the rise of the knowledge economy is accompanied, if not facilitated, by an ever-expanding use of intellectual property rights, this timely book provides a much needed explanation to the relationship between intellectual property law and human rights law. the contributors promote the view that this relationship should be central to the analysis of many of the profound problems that nation states and the international community encounter today, be they scientific, technological or cultural. the book is divided into sections covering the law and its trends, ip rights as human rights and human rights as restrictions to ip rights. this stimulating book will appeal to academics, postgraduate students, national and international public authorities and those involved with international organizations in the fields of intellectual property law and human rights law.

Intellectual property and international trade the TRIPs agreement

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Author by : Carlos María Correa
Languange Used : English, France, Spanish, Italia and chinese
Page : 499
Isbn : 9789041124296
Identifier : 9041124292
Release : 2008
Publisher by : Kluwer Law Intl
Category : Business & Economics
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Description : Read Now Intellectual Property And International Trade by Carlos María Correa and you can download with pub, pdf, txt, doc, and more file format with free account. now into its second decade, the agreement on trade-related aspects of intellectual property rights (trips) continues to meet challenges raised by ongoing technological changes as it affirms an increasing degree of latitude to national authorities in its implementation. important developments and controversies witnessed in the nine years since the first edition of this much-welcomed treatise include issues of public health, implications of the agreement on the realization of human rights, and continuous debates on geographic indications and the appropriation of genetic resources. this second edition incorporates the analysis of key provisions of the agreement resulting from dispute settlement procedures under wto rules. as in the first edition, intellectual property and international trade may be relied upon for in-depth clarification of such matters as the following: substantive standards established under the agreement; enforcement measures; legislative latitude allowed to member states; protection of copyrights and related rights; protection of trademarks, geographical indications and industrial designs; patent protection and conditions and limitations of compulsory licences; protection of integrated circuit design; protection of confidential (undisclosed) information; and interface between competition law and intellectual property protection. comprising 14 chapters contributed by a distinguished panel of experts representing diverse parties international organisations, legal practice, government policy, and industry intellectual property and international trade offers a framework for understanding the background, principles, and complex provisions of the trips agreement. throughout the book, the authors emphasize the implications of the agreement for different groups of countries, especially for developing countries. particular attention is given to the degree of autonomy left for member states in the implementation of the various provisions of the agreement in their domestic legislation. thoroughly revised and updated, the second edition will be of great value to all professionals and business people concerned with international trade. it stimulates further discussion and analysis in this area of growing importance to international law and international economic relations, particularly regarding the possibilities offered by the agreement and the loose ends that may need consideration in the future at the national or international level.

The Right to Food and the Trips Agreement With a Particular Emphasis on Developing Countries' Measures for Food Production and Distribution

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Author by : Hans Morten Haugen
Languange Used : English, France, Spanish, Italia and chinese
Page : 506
Isbn : 9004161848
Identifier : 9789004161849
Release : 2007
Publisher by : BRILL
Category : Political Science
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Description : Read Now The Right To Food And The Trips Agreement by Hans Morten Haugen and you can download with pub, pdf, txt, doc, and more file format with free account. this volume analyses relationships between patent rights and human rights, focusing on the right to food. whether the trips agreement and the international covenant on economic, social and cultural rights actually conflict, is analyzed through different techniques of assessing treaty conflict.

Interpreting TRIPS Globalisation of Intellectual Property Rights and Access to Medicines

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Author by : Hiroko Yamane
Languange Used : English, France, Spanish, Italia and chinese
Page : 582
Isbn : 1847316336
Identifier : 9781847316332
Release : 2011-03-21
Publisher by : Bloomsbury Publishing
Category : Law
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Description : Read Now Interpreting Trips by Hiroko Yamane and you can download with pub, pdf, txt, doc, and more file format with free account. protection of intellectual property rights (iprs) has become a global issue. the trade-related aspects of intellectual property (trips) agreement outlines the minimum standards for ipr protection for wto members and offers a global regime for ipr protection. however, the benefits of trips are more questionable in poorer countries where national infrastructure for research and development (r&d) and social protection are inadequate, whereas the cost of innovation is high. today, after more than a decade of intense debate over global ipr protection, the problems remain acute, although there is also evidence of progress and cooperation. this book examines various views of the role of iprs as incentives for innovation against the backdrop of development and the transfer of technology between globalised, knowledge-based, high technology economies. the book retraces the origins, content and interpretations of the trips agreement, including its interpretations by wto dispute settlement organs. it also analyses sources of controversy over iprs, examining pharmaceutical industry strategies of emerging countries with different ipr policies. the continuing international debate over iprs is examined in depth, as are trips rules and the controversy about implementing the 'flexibilities' of the agreement in the light of national policy objectives. the author concludes that for governments in developing countries, as well as for their business and scientific communities, a great deal depends on domestic policy objectives and their implementation. ipr protection should be supporting domestic policies for innovation and investment. this, in turn requires a re-casting of the debate about trips, to place cooperation in global and efficient r&d at the heart of concerns over ipr protection.

Environment, Human Rights and International Trade

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Author by : Hart Publishing Hart Publishing
Languange Used : English, France, Spanish, Italia and chinese
Page : 361
Isbn : 1841132179
Identifier : 9781841132174
Release : 2001
Publisher by : Hart Publishing
Category : Law
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Description : Read Now Environment Human Rights And International Trade by Hart Publishing Hart Publishing and you can download with pub, pdf, txt, doc, and more file format with free account. after the completion of the uruguay round and the adoption of the 1994 agreement establishing the wto, the place of international trade in the context of the international legal order has radically changed. international trade law has become a subject of wide-spread interest, cutting across traditional boundaries, and engaging diverse political and legal concerns. one consequence of this development is increasing concern with the legitimacy of the wto process, which in turn has led to the wto becoming the focus of rancorous protest by, among others, environmental ngos, trade unions, and human rights activists. this collection of essays by leading scholars and lawyers engaged in the policy-making process addresses the underlying tensions and dilemmas of the wto process and its impact upon the environment and human rights in particular. the contributors search for a balance between, on the one hand, legitimate free trade interests and, on the other, the role and limits of unilateral measures as an instrument to protect non-commercial values. the essays thus range over a host of topical questions, including: trade in gmos, biosafety in intellectual property rights, technology transfer and environmental protection, trade and labor rights, child labor standards, the eu and wto, and many other topics.