Intellectual Property, Human Rights and Competition

Intellectual Property, Human Rights and Competition

Access to Essential Innovation and Technology

Abbe E.L. Brown

This detailed book explores the relationship between intellectual property, competition and human rights. It considers the extent to which they can and must be combined by decision makers, and how this approach can foster innovation in key areas for society – such as pharmaceutical drugs, communications software and technology to combat climate change.

Chapter 1: ‘The essence of intellectual property rights is the right to exclude’

Abbe E.L. Brown

Subjects: development studies, law and development, law - academic, competition and antitrust law, human rights, intellectual property law, law and development, politics and public policy, human rights

Extract

Intellectual property rights (IP) can be lauded for their encouragement of investment in and dissemination of innovation, creativity and new product development,2 and for their reward of the innovators and creators.3 Yet IP rights confer power over the underlying technology or material, which has implications for those who wish to use it to achieve social goals, or to advance their own business.4 This power might be argued to be the price which society must pay for the more positive elements of IP; but is this a satisfactory position when IP involves what could be termed ‘essential technologies’ – say a pharmaceutical drug,5 software which is part of a standard for accessible communications6 or for online voting,7 or a means of harnessing and delivering renewable energy?8 Or the products of genetic engineering,9 sets of raw geographical data as recorded in maps,10 a trade mark which has become a cultural icon11 or which enables the control of products once other IP rights have expired?12

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