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Research Handbook on Human Rights and Intellectual Property

Research Handbook on Human Rights and Intellectual Property

Research Handbooks in Intellectual Property series

Edited by Christophe Geiger

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 renown, the book explores the practical and doctrinal implications of human rights on intellectual property law and jurisprudence. In particular, the chapters scrutinize issues related to interactions among and between norms of different legal families, the role of human rights in development of the balanced intellectual property legal framework, standing case-law of national and regional courts and intellectual property offices reconciling overlapping rights and obligations, and identify the practical significance of different human rights for the exercise of intellectual property rights.

Chapter 13: Intellectual property in decisions of Constitutional Courts of Latin American countries

Denis Borges Barbosa and Charlene de Ávila Plaza

Subjects: law - academic, human rights, intellectual property law


You'd be surprised. They're all individual countries. Ronald Reagan, 4 December 1982. This chapter does not purport to collect and analyze all constitutional provisions and decisions of the Latin American countries. Rather to the contrary, by gathering a few significant normative and court contributions from the region, we will just try to sketch the relation between intellectual property (IP) and fundamental laws as it takes its peculiar character from the South of Rio Grande to the depths of Patagonia. In most Latin American jurisdictions, the Constitution includes at least one IP-related clause; and many of those inclusions date from nineteenth century. This is markedly distinct to the situation in the countries belonging to the European Union or the Council of Europe, where specific IP provisions are infrequently found. Some Supreme or Constitutional Courts of the area have a meaningful stream of decisions on IP issues, but others only rarely, if ever, take notice of the matter. Therefore, even though it is not possible to identify a strong and coherent regional construction of legal principles and solutions, and even less of clear convergences, the geographical focus of this study deserves such attention. This book addresses the issues of human rights and intellectual property.

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