Can the Right to Science Reduce the Tensions Between Intellectual Property and Human Rights?

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Release : 2022
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Can the Right to Science Reduce the Tensions Between Intellectual Property and Human Rights? - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Can the Right to Science Reduce the Tensions Between Intellectual Property and Human Rights? write by Peter K. Yu. This book was released on 2022. Can the Right to Science Reduce the Tensions Between Intellectual Property and Human Rights? available in PDF, EPUB and Kindle. The right to science--or, more formally, the right to enjoy the benefits of scientific progress and its applications--is one of the most underexplored rights in the Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Referred to as being "[t]ucked away at the tail end" of the UDHR and the "most obscure of all the international human rights treaty provisions," this right did not become the subject of an authoritative interpretation by the U.N. Committee on Economic, Social and Cultural Rights (CESCR) until April 2020, amid the COVID-19 pandemic.Taking note of the release of General Comment No. 25 and the considerable frustrations over the tensions and conflicts between intellectual property and human rights during the COVID-19 pandemic, this chapter closely examines the right to science as incorporated in Article 27(1) of the UDHR and Article 15(1)(b) of the ICESCR. The new interpretive comment is of notable importance because it "open[s] ... a door to a more complex, nuanced debate and, perhaps, a renewed importance for the right to science, and an evolving role in the protection of other human rights." This chapter further explores whether, and how, the right to science can help reduce the tensions and conflicts between intellectual property and human rights.This chapter begins by briefly recounting the drafting history of both Article 27(1) of the UDHR and Article 15(1)(b) of the ICESCR. The chapter then discusses three major problems brought about by strong protection and enforcement of intellectual property rights, as identified by the CESCR. It further outlines ten different areas in which the textual language in General Comment No. 25 can provide a much-needed boost to promote a human-centered approach to health innovations. The chapter concludes by cautioning that some of this language could nonetheless be used to reinforce the tensions and conflicts between intellectual property and human rights, or even support proposals for strengthening intellectual property protection.

The Right to Science

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Release : 2015
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The Right to Science - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Right to Science write by Lea Shaver. This book was released on 2015. The Right to Science available in PDF, EPUB and Kindle. The right to enjoy the benefits of scientific progress and its applications has long been neglected, both in theory and in practice. Even scholars, advocates, and jurists deeply involved in the human rights field are likely to express uncertainty as to what the right to science concretely requires...if they are even aware of its existence. This essay seeks to remedy that obscurity, providing a highly accessible account of the right to science that is both philosophically grounded and very practical. In short, the right to science calls for treating science and technology as global public goods, to be cultivated for the benefit of humanity and made accessible to all, just as with other socioeconomic rights such as education and healthcare. The essay then elaborates what that broad vision means for minimum core content. Particular emphasis is given to reconciling the potential tension between the right to science and intellectual property regimes.

The Human Right to Science

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Release : 2024
Genre : Law
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Book Rating : 997/5 ( reviews)

The Human Right to Science - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Human Right to Science write by Cesare P. R. Romano. This book was released on 2024. The Human Right to Science available in PDF, EPUB and Kindle. The Human Right to Science offers a thorough and systematic analysis of the right to science in all of its critical aspects. Authored by experts in international law and science policy, the book meticulously explores the right's origins, development, and normative content. In doing so, it uncovers previously unarticulated entitlements and obligations, offering new insights on human rights interconnections.

Intellectual Property and Human Rights

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Release : 2010-01-01
Genre : Political Science
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Book Rating : 041/5 ( reviews)

Intellectual Property and Human Rights - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Intellectual Property and Human Rights write by F. W. Grosheide. This book was released on 2010-01-01. Intellectual Property and Human Rights available in PDF, EPUB and Kindle. . . . very refreshing. . . a valuable contribution to the debate. European Intellectual Property Review The collection of articles makes a valuable contribution to current debates on these critically important issues by providing a range of views on the human rights implications of intellectual property law and policy. Madhu Sahni, Journal of Intellectual Property Rights Gathering together essays by leading commentators, Professor Willem Grosheide s timely book offers an excellent overview of the many significant questions of social and legal policy that emerge at interface between intellectual property and human rights. . . Providing a range of views on the human rights implications of intellectual property law and policy, this collection makes a valuable contribution to current debates on these critically important issues. Graeme Austin, University of Arizona, US 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. The contributors promote the view that this relationship should be central to the analysis of many of the profound problems that nation states and the international community encounter today, be they scientific, technological or cultural. The book is divided into sections covering the law and its trends, IP rights as human rights and human rights as restrictions to IP rights. This stimulating book will appeal to academics, postgraduate students, national and international public authorities and those involved with international organizations in the fields of intellectual property law and human rights law.

The Right to Science

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Release : 2021-12-02
Genre : Political Science
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Book Rating : 255/5 ( reviews)

The Right to Science - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Right to Science write by Helle Porsdam. This book was released on 2021-12-02. The Right to Science available in PDF, EPUB and Kindle. The first serious, extended effort to use a human rights-based approach to address the scientific issues affecting society and the often-neglected human right to science.