Abstract
As technology pushes back frontiers, new horizons and opportunities are opened, particularly through digitisation, medical science and biotechnology.[1] The status quo is questioned, with “[n]ew technologies challeng[ing] old notions as to the regulation of the innovative and creative processes”,[2] and the present legal regime attacked. [3] A focal point of this has been the proper scope and impact of various intellectual property rights (“IP”).
“Human rights” can be raised in this debate: indeed this seems an attractive and easily understood solution. It can appear obvious that “the right to life” should prevail over use of patents to limit access to medical treatment;[4] “the right to information” over use of copyright to limit use of online
material,[5] or over use of copyright and database rights to restrict access to information;[6] and “the right to free speech” over use of trade marks to prevent corporate criticism through “suckssites”.[7] Questions of the proper justification and role of IP, the place of economics and property rights, and international treaty obligations, can appear irrelevant and selfish distractions.[8]
This paper will consider the basis for the relationship between IP and human rights; use which has been made of the relationship to date, focussing largely on case law; [9] synergies in approach against different social, cultural and constitutional backdrops; and the possible needs, opportunities and challenges for the future use of this interface in the field of technology.
“Human rights” can be raised in this debate: indeed this seems an attractive and easily understood solution. It can appear obvious that “the right to life” should prevail over use of patents to limit access to medical treatment;[4] “the right to information” over use of copyright to limit use of online
material,[5] or over use of copyright and database rights to restrict access to information;[6] and “the right to free speech” over use of trade marks to prevent corporate criticism through “suckssites”.[7] Questions of the proper justification and role of IP, the place of economics and property rights, and international treaty obligations, can appear irrelevant and selfish distractions.[8]
This paper will consider the basis for the relationship between IP and human rights; use which has been made of the relationship to date, focussing largely on case law; [9] synergies in approach against different social, cultural and constitutional backdrops; and the possible needs, opportunities and challenges for the future use of this interface in the field of technology.
Original language | English |
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Pages | 1-15 |
Number of pages | 15 |
Publication status | Published - 27 Apr 2005 |
Event | 20th BILETA Conference 2005: Over-Commoditised; Over-Centralised; Over-Observed: The New Digital Legal World? - Queen's University Belfast, Belfast, United Kingdom Duration: 6 Apr 2005 → 7 Apr 2005 |
Conference
Conference | 20th BILETA Conference 2005 |
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Abbreviated title | BILETA 2005 |
Country/Territory | United Kingdom |
City | Belfast |
Period | 6/04/05 → 7/04/05 |