Intellectual Property and Human Rights
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Intellectual Property and Human Rights A Paradox

A Paradox

Edited by Willem Grosheide

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.
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Chapter 11: A practical analysis of the human rights paradox in intellectual property law: Russian Roulette

Charlotte Waelde and Abbe E.L. Brown

Extract

11. A practical analysis of the human rights paradox in intellectual property law: Russian Roulette1 Charlotte Waelde* and Abbe E.L. Brown** 1. INTRODUCTION2 Exploration of the relationship between intellectual property (‘IP’) and human rights which were at least once strange bedfellows3 has been steadily increasing in both academic and activist fields. The CIER Utrecht event ‘The Human Rights Paradox in Intellectual Property Law’ is a welcome contribution to this debate. However, to the same extent that the relationship between IP and human rights is relevant to addressing legal and practical problems, so is consideration of the interaction of these fields with still others, most notably competition and contract law. The purpose of this chapter is to: • describe a research project at the AHRC (Arts and Humanities Research Council) Research Centre for Studies in Intellectual Property and Technology Law at the University of Edinburgh (‘the Centre’) examining 1 This chapter is based on a paper delivered at the conference ‘The Human Rights Paradox in Intellectual Property’ held at the University of Utrecht, the Netherlands, 3 and 4 July 2006. The authors are grateful to all organisers and participants. * Professor, School of Law, University of Edinburgh and Co-Director AHRC Research Centre for Studies in Intellectual Property and Technology Law. ** Lecturer, School of Law, University of Edinburgh and Associate, AHRC Research Centre for Studies in Intellectual Property and Technology Law. 2 As is apparent from the body of the text, this chapter draws heavily from the meetings of the Intellectual Property, Competition and...

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