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Human rights and intellectual property : mapping the global interface
\"This book explores the interface between intellectual property and human rights law and policy. The relationship between these two fields has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic political and judicial venues. These actors often raise human rights arguments as counterweights to the expansion of intellectual property in areas including freedom of expression, public health, education, privacy, agriculture, and the rights of indigenous peoples. At the same time, creators and owners of intellectual property are asserting a human rights justification for the expansion of legal protections. This book explores the legal, institutional, and political implications of these competing claims: by offering a framework for exploring the connections and divergences between these subjects; by identifying the pathways along which jurisprudence, policy, and political discourse are likely to evolve; and by serving as an educational resource for scholars, activists, and students\"-- Provided by publisher.
Book
Human Rights and Intellectual Property
This book explores the interface between intellectual property and human rights law and policy. The relationship between these two fields has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic political and judicial venues. These actors often raise human rights arguments as counterweights to the expansion of intellectual property in areas including freedom of expression, public health, education, privacy, agriculture, and the rights of indigenous peoples. At the same time, creators and owners of intellectual property are asserting a human rights justification for the expansion of legal protections. This book explores the legal, institutional, and political implications of these competing claims: by offering a framework for exploring the connections and divergences between these subjects; by identifying the pathways along which jurisprudence, policy, and political discourse are likely to evolve; and by serving as an educational resource for scholars, activists, and students.
eBook
Deepfakes in Domestic and International Perspective
Have you always (or ever) yearned to produce your own recording of Elvis Presley singing great baritone arias from Italian opera? Or to make a movie starring Nicole Kidman as Lady Macbeth? Or a videogame featuring the bully who tormented you in high school suffering repeated tortures worthy of the Christian martyrdoms recounted with gusto in The Golden Legend? You can fulfill all these wishes, and more, thanks to the AI technology enabling the creation of “deepfakes”—known in legal documents as “digital replicas”—capable of simulating the visual and vocal appearance of real people, living or dead. AI programs can also generate musical compositions in the style of well- known composers or performers, as well as video sequences. What may be good fun in private may become pernicious, offensive, and even dangerous, if widely disseminated over social media or through commercial channels. But, at least in the U.S., legal protections for performers and ordinary individuals against digital replicas, are at best, scanty.
Journal Article
A Work-Integrated Learning Mentorship Model for Nature Conservation at an Open Distance Learning University in South Africa
In this dissertation of limited scope, the phenomenon of providing effective workintegrated learning mentorship to nature conservation undergraduate students is explored, specifically to determine if mobile technology can be offered as an alternative or supplementary mentoring strategy for an Open Distance Learning university.Mentoring of work-integrated learning undergraduate students is an integral component of the Nature Conservation Diploma offered by the University of South Africa. The prerequisite mentoring of students is not consistent across all required sector-based placements and this could be construed as being unjust and discriminatory. This possible negative perception has motivated this investigation into work-integrated learning mentorship approaches within the Nature Conservation Diploma. This exploratory case study provides insights into and lays a foundation for the development of a supplementary mentorship provision strategy, for students who find it difficult to secure mentorship opportunities.Applying a social learning and integration perspective, three cohorts of undergraduate nature conservation work-integrated learning students participated in this study. This qualitative exploratory case study focused on the interaction and subsequent results achieved by students, through engaging with one of three different mentorship methods available to students at the University of South Africa. The three methods were: face-to-face mentoring by an academic, digital mentoring provided by means of a mobile phone application and sector-based mentoring. The latter method represents the current mentorship provision status quo for all nature conservation work-integrated learning diploma students.The findings reveal that the three mentoring methods are effective in supporting workintegrated learning students. The students indicated their preference for mentorship provided by the University of South Africa, over that of the sector-based mentors. No significant difference between the two university-provided methods of mentorship was found. This study recommends that the University continue with its development of the digital mentor option, to function as a fully functioning supplementary mentor.
Dissertation
The Human Right to Health, Access to Patented Medicines, and the Restructuring of Global Innovation Policy
IntroductionNo other issue so clearly epitomizes the clash between human rights and intellectual property as access to patented medicines. And with good reason. The idea of withholding livesaving drugs from individuals suffering from fatal or debilitating diseases when the means exist to distribute those drugs cheaply and effectively is anathema to all notions of morality. Yet medical treatments such as new pharmaceuticals do not fall from the sky. They are the product of years or even decades of painstaking research, much of which yields little if any therapeutic benefit. If providing widespread access to new medicines were to choke off this research, the results would be less medical innovation and fewer treatments for future diseases – results surely incompatible with the spirit if not the letter of the international human rights regime.The compatibility of patent protection with access to lifesaving drugs is thus inextricably linked to how societies allocate resources to medical innovation. Governments can provide such resources directly, for example through government-funded research or grants from the public fisc. They can also provide indirect incentives for research through a system of patent protection. In the latter case, private actors – most notably pharmaceutical companies – recoup their research costs and earn a profit through what in most countries is a twenty-year monopoly over the sale, licensing, and distribution of medical inventions. In addition to these private gains, intellectual property-based systems of medical innovation provide numerous social benefits.
Book Chapter
Rights to Freedom of Expression, to Cultural Participation, and to Benefit from Scientific Advancements
IntroductionIntellectual property rights can create scarcity in some types of expression. For example, copyright owners can entirely suppress some forms of speech by seeking injunctions against those who want to express themselves by means of unauthorized uses of copyright-protected material. Alternatively, if license fees for such uses are required, the cost of particular expression increases, sometimes prohibitively. These actions implicate the right to freedom of expression – a right that is found in many international and regional human rights instruments and domestic constitutions. Limits on access to the manifestations and products of culture and science also implicate other rights and freedoms. Informed political participation, for example, requires access to information, such as news reports and other media – and many sources of such information can be protected by copyright. These limits also implicate the human rights to participate in the cultural life of the community, to enjoy the arts, and to share in scientific advancement and its benefits – rights that are set for Thin Article 27 of the Universal Declaration of Human Rights (UDHR) and Article 15 of the International Covenant on Economic, Social, and Cultural Rights (ICESCR).In this chapter, we first consider the range of philosophical rationales for the right to freedom of expression. We then survey some of the sources of the right in domestic, regional, and international law, and briefly consider rights to participate in culture and to benefit from scientific progress.
Book Chapter
The Human Right to Food, Plant Genetic Resources, and Intellectual Property
IntroductionThe intersection of intellectual property and the human right to food raises contentious and unresolved issues of international law and politics. Analysis of these issues is made even more challenging by two distinct but related developments – (1) the diversity and complexity of the rules and institutions that regulate the creation, ownership, and exploitation of plant genetic resources (PGRs) for food and agriculture and of the biotechnologies used to manipulate them, and (2) the expansion, over the last quarter century, of the normative content of the human right to food and of intellectual property rights for plant-related innovations.The first development – the diversity and complexity of the legal and institutional landscape – stems from the fact that the international rules governing PGRs and agrobiotechnologies include not only multilateral intellectual property agreements, the International Covenant on Economic Social and Cultural Rights (ICESCR), and customary human rights law, but also treaties, declarations, and resolutions adopted under the auspices of the World Trade Organization (WTO), the Food and Agriculture Organization (FAO), the Convention on Biological Diversity, the Commission on Genetic Resources for Food and Agriculture, and regional organizations such as the European and African Unions and the Andean Community. Scholars have labeled this dense thicket of overlapping rules and institutions as a “regime complex” for PGRs. And they have explained how the existence of multiple negotiating forums within the complex enable governments and public interest NGOs to shift from one venue to another and to select the venue most conducive to advancing their preferred legal and policy outcomes.
Book Chapter
The Right to Education and Copyright in Learning Materials
IntroductionConceptually and textually, there exist venerable connections between education and intellectual property. These connections are particularly clear in the copyright context, which is the focus of this chapter. The first copyright statute, the English Statute of Anne of 1709, was entitled “An Act for the Encouragement of Learning.” Similarly, the Copyright Clause of the U.S. Constitution empowers the U.S. Congress to “to promote the progress of science” (or, in modern parlance, “knowledge”) by creating a national copyright system. In the early years of the French Revolution, responsibility for the development of copyright law passed to the “Committee for Public Instruction,” and by 1793, it was accepted that “enacting a copyright law formed part of a grander scheme of public education.”At the outset, it is necessary to distinguish between realization of the human right to education and the belief that copyright's role is to facilitate learning. Copyright protection has always extended to educational materials. Since its beginnings, copyright law has been premised on the idea that the flourishing of private markets in copyright-protected works will promote learning. In contrast, the human right to education imposes public law obligations on governments, including the provision of free educational materials (particularly to primary school children). The human right to education must therefore mean something other than the existence of markets for copyright-protected works, which anticipate that educational materials will be sold rather than distributed free of charge.
Book Chapter
Mapping the Interface of Human Rights and Intellectual Property
Thematic Overview and IntroductionThis book explores the relationship between human rights and intellectual property. Long ignored by both the human rights and intellectual property communities, the relationship between these two fields has now captured the attention of government officials, judges, activist communities, and scholars in domestic legal systems and in international venues such as the World Intellectual Property Organization, the United Nations Human Rights Council, the Committee on Economic, Social and Cultural Rights, the World Trade Organization, the World Health Organization, and the Food and Agriculture Organization. Widespread recognition of the relationship between human rights and intellectual property has a relatively recent vintage. Little more than a decade ago, few observers acknowledged the existence of such a relationship or viewed it as more than marginally relevant to the important issues and debates in each field. For participants in the human rights movement, the 1990s was a heady and hopeful period. In rapid succession, the world experienced the end of the Cold War, the birth of new democracies, the widespread ratification of human rights treaties, and the use of U.N.-sanctioned military force in response to widespread atrocities. These events, coming in quick succession after decades of political conflict, seemed to herald an “age of rights” and an “era of humanitarian intervention.” For the international intellectual property system, the 1990s was a time of rapidly expanding rules and institutions.
Book Chapter