Book contents
- Frontmatter
- Contents
- Preface
- 1 Mapping the Interface of Human Rights and Intellectual Property
- 2 The Human Right to Health, Access to Patented Medicines, and the Restructuring of Global Innovation Policy
- 3 Creators' Rights as Human Rights and the Human Right of Property
- 4 Rights to Freedom of Expression, to Cultural Participation, and to Benefit from Scientific Advancements
- 5 The Right to Education and Copyright in Learning Materials
- 6 The Human Right to Food, Plant Genetic Resources, and Intellectual Property
- 7 Indigenous Peoples' Rights and Intellectual Property
- 8 Conclusion
- References
- Acknowledgments
- Index
- Cases Discussed (Selected)
8 - Conclusion
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Preface
- 1 Mapping the Interface of Human Rights and Intellectual Property
- 2 The Human Right to Health, Access to Patented Medicines, and the Restructuring of Global Innovation Policy
- 3 Creators' Rights as Human Rights and the Human Right of Property
- 4 Rights to Freedom of Expression, to Cultural Participation, and to Benefit from Scientific Advancements
- 5 The Right to Education and Copyright in Learning Materials
- 6 The Human Right to Food, Plant Genetic Resources, and Intellectual Property
- 7 Indigenous Peoples' Rights and Intellectual Property
- 8 Conclusion
- References
- Acknowledgments
- Index
- Cases Discussed (Selected)
Summary
This book analyzes the interface of human rights and intellectual property from multiple perspectives. Chapter 1 introduces the major legal, institutional, and political aspects of each regime, explains how they came into increasing contact over the past decade, and explores alternative frameworks for conceptualizing their relationship. Each of the remaining chapters adopts a predominantly substantive orientation that examines in depth specific intersections between certain human rights and intellectual property protection rules. In this concluding chapter, we shift focus to elaborate the major transsubstantive themes that are interwoven through the preceding materials. Our aim is twofold. First, and more modestly, we seek to illuminate connections that transcend specific “hot button” controversies and to offer deeper insights about the interconnections between the two legal regimes. Second, and more ambitiously, we offer our own analytical framework to assist scholars, policymakers, civil society groups, and students in conceptualizing the relationship between human rights and intellectual property.
We begin in Section 8.1 by reiterating the inevitability of the human rights–intellectual property interface and by rejecting – both as a matter of principle and as a matter of practical politics – arguments for maintaining a firewall between the two regimes and avoiding the difficult work of normative engagement. Section 8.2 evaluates three proposals to demarcate the boundary lines between human rights and intellectual property, proposals whose particularities we describe in greater detail in previous chapters.
- Type
- Chapter
- Information
- Human Rights and Intellectual PropertyMapping the Global Interface, pp. 503 - 522Publisher: Cambridge University PressPrint publication year: 2011