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.
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- Research Handbook on Human Rights and Intellectual Property
- Chapter 1: Mapping the interface between human rights and intellectual property
- Chapter 2: Human rights and balancing: The principle of proportionality
- Chapter 3: Interaction between human rights: Are all human rights equal?
- Chapter 4: Interaction between international human rights law and the European legal framework
- Chapter 5: Overlaps and conflict norms in human rights law: Approaches of European courts to address intersections with intellectual property rights
- Chapter 6: Human rights and the philosophical foundations of intellectual property
- Chapter 7: The constitutionalization of the European legal order: Impact of human rights on intellectual property in the EU
- Chapter 8: The fundamental right to (intellectual) property and the discretion of the legislature
- Chapter 9: Human rights and international intellectual property law
- Chapter 10: Human rights and intellectual property law at the bilateral and multilateral levels: Substantive and operational aspects
- Chapter 11: Mitigating the impact of intellectual property in developing countries through the implementation of human rights
- Chapter 12: Intellectual property in decisions of national Constitutional Courts in Europe
- Chapter 13: Intellectual property in decisions of Constitutional Courts of Latin American countries
- Chapter 14: Human rights and intellectual property in the United States: The role of United States courts in striking a fine balance between competing policies
- Chapter 15: Fundamental rights in the practice of the European Trade Mark and Designs Office (OHIM)
- Chapter 16: Human rights in the case law of the EPO Boards of Appeal
- Chapter 17: Freedom of expression and the right to information: Implications for copyright
- Chapter 18: Free signs and free use: How to offer room for freedom of expression within the trademark system
- Chapter 19: Free speech and other human rights in ICANN’s new generic Top Level Domain process: Debating top-down versus bottom-up protections
- Chapter 20: Intellectual property and human rights: Reputation, integrity and the advent of corporate personality rights
- Chapter 21: Freedom to conduct a business, competition and intellectual property
- Chapter 22: Right to property and trade secrets
- Chapter 23: Enforcement of intellectual property rights and the right to a fair trial
- Chapter 24: Digital copyright enforcement measures and their human rights threats
- Chapter 25: Human dignity and patents
- Chapter 26: Right to health and patents
- Chapter 27: Public health and trademarks: Plain packaging laws and the TRIPS Agreement
- Chapter 28: Right to food and intellectual property protection for plant genetic resources
- Chapter 29: Geographical indications and cultural rights: The intangible cultural heritage connection?
- Chapter 30: Right to culture and copyright: Participation and access
- Chapter 31: Human rights, persons with disabilities and copyright
- Chapter 32: The right to development: What implications for the multilateral intellectual property framework?
- Chapter 33: Using intellectual property rules to support the self-determination goals of indigenous peoples
- Chapter 34: Human rights perspective on protection of traditional knowledge and intellectual property: A view from island states in the Pacific
- Chapter 35: Implementing intellectual property provisions in human rights instruments: Towards a new social contract for the protection of intangibles
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