Contents:
Foreword
Catherine Trautmann
Introduction
Christophe Geiger
1. Mapping the Interface Between Human Rights and Intellectual
Property
Laurence R. Helfer
PART I LEGAL REALITY BEHIND HUMAN RIGHTS
2. Human Rights and Balancing: The Principle of Proportionality
Jonas Christoffersen
3. Interaction Between Human Rights: Are All Human Rights
Equal?
Peggy Ducoulombier
4. Interaction Between International Human Rights Law and the
European Legal Framework
Rhona Smith
5. Overlaps and Conflict Norms in Human Rights Law: Approaches of
European Courts to Address Intersections with Intellectual Property
Rights
Henning Grosse Ruse-Khan
6. Human Rights and Philosophical Foundations of Intellectual
Property
Daniel Gervais
PART II HUMAN RIGHTS’ IMPLICATIONS FOR THE DEVELOPMENT OF
INTELLECTUAL PROPERTY
Section 1: Human Rights’ Implications for Intellectual Property
Legislation
7. The Constitutionalization of the European Legal Order: Impact of
Human Rights on Intellectual Property In The EU
Tuomas Mylly
8. The Fundamental Right to (Intellectual) Property and the
Discretion of the Legislature
Alexander Peukert
9. Human Rights and International Intellectual Property Law
Hannu Wager and Jayashree Watal
10. Human Rights and Intellectual Property Law at the Bilateral and
Multilateral Levels: Substantive and Operational Aspects
Xavier Seuba
11. Mitigating the Impact of Intellectual Property in Developing
Countries Through the Implementation of Human Rights
Carlos Correa
Section 2: Impact of Human Rights on Decisions of Courts and
Intellectual Property Offices
12. Intellectual Property in Decisions of National Constitutional
Courts in Europe
Thomas Dreier and Marco Ganzhorn
13. Intellectual Property in Decisions of Constitutional Courts of
Latin American Countries
Denis Borges Barbosa and Charlene de Ávila Plaza
14. Human Rights and Intellectual Property in the United States:
The Role of US Courts in Striking a Fine Balance Between Competing
Policies
Toshiko Takenaka and Linda Falcon
15. Fundamental Rights in the Practice of the European Trade Mark
and Designs Office (OHIM)
Philipp Von Kapff
16. Human Rights in the Case Law of the EPO Boards of Appeal
Agnieszka Kupzok
PART III PRACTICAL INTERACTION BETWEEN HUMAN RIGHTS AND
INTELLECTUAL PROPERTY
Section 1: Civil and Political Rights and Intellectual Property
17. Freedom of Expression and the Right to Information:
Implications for Copyright
Dirk Voorhoof
18. Free Signs and Free Use: How to Offer Room for Freedom of
Expression Within the Trademark System
Martin Senftleben
19. Free Speech and Other Human Rights in ICANN’s New Generic Top
Level Domain Process: Debating Top-Down Versus Bottom-Up
Protections
Jacqueline D. Lipton
20. Intellectual Property and Human Rights: Reputation, Integrity
and the Advent of Corporate Personality Rights
Guido Westkamp
21. Freedom to Conduct a Business, Competition and Intellectual
Property
Gustavo Ghidini and Andrea Stazi
22. Right to Property and Trade Secrets
Tanya Aplin
23. Enforcement of Intellectual Property Rights and the Right to a
Fair Trial
Jonathan Griffiths
24. Digital Copyright Enforcement Measures and their Human Rights
Threats
Peter K. Yu
Section 2: Economic, Social and Cultural Rights and Intellectual
Property
25. Human Dignity and Patents
Aurora Plomer
26. Right to Health and Patents
Duncan Matthews
27. Public Health and Trademarks: Plain Packaging Laws and the
TRIPS Agreement
Jeffrey M. Samuels
28. Right to Food and Intellectual Property Protection for Plant
Genetic Resources
Claudio Chiarolla
29. Geographical Indications and Cultural Rights: The Intangible
Cultural Heritage Connection?
Dev S. Gangjee
30. Right to Culture and Copyright: Participation and Access
Caterina Sganga
31. Human Rights, Persons with Disabilities and Copyright
Abbe Brown and Charlotte Waelde
Section 3: Collective Rights and Intellectual Property
32. The Right to Development: What Implications for the
Multilateral Intellectual Property Framework?
Ahmed Abdel-Latif
33. Using Intellectual Property Rules to Support the
Self-Determination Goals of Indigenous Peoples
Susy Frankel
34. Human Rights Perspective on Protection of Traditional Knowledge
and Intellectual Property: A View from Island States in the
Pacific
Sue Farran
PART IV FUTURE PERSPECTIVES FOR THE INTERPLAY OF HUMAN RIGHTS AND
INTELLECTUAL PROPERTY?
35. Implementing Intellectual Property Provisions in Human Rights
Instruments: Towards a New Social Contract for the Protection of
Intangibles
Christophe Geiger
Index
Edited by Christophe Geiger, Professor of Law and Director of the Innovation Law and Ethics Observatory (ILEO), Luiss University, Italy
'This remarkable book covers the impact of human rights on
intellectual property law in the most comprehensive review ever
undertaken. It is destined to influence the future development of
this field and constitutes an essential resource for both scholars
and practitioners.’
*Jerome H. Reichman, Duke University, School of Law, US*
'Professor Geiger has assembled an extraordinary group of leading
legal scholars, human rights lawyers, judges, and international
civil servants to provide comprehensive, up-to-the-minute coverage
of all the major issues implicated by the interaction between human
rights and intellectual property. This volume will be required
reading for anyone interested in this increasingly important
topic.'
*Beebe Barton, New York University, School of Law, US*
'As he has done throughout his career in edited books, Christophe
Geiger - Europe's leading scholar in this interdisciplinary area -
has once again collected a splendid set of authors and inveigled
them to produce one of the most definitive compendia of essays on
human rights and intellectual property. The discourse set out in
this tome is magnificently wide and thought-provoking. There is
much within the 35 chapters to stimulate readers of all persuasions
and specialisms, be it development theories, corporate rights,
international diplomacy or general philosophical trends.'
*Uma Suthersanen, Queen Mary Intellectual Property Research
Institute, UK*
'Human rights and intellectual property have traveled on separate
avenues for too long, hardly interacting, and dealt with by
separate communities. Yet, life does not make artificial
distinctions of that kind. It confronts us with complex problems,
interfacing intellectual property and human rights, both
substantive and procedural. This Handbook proves the point. It
offers an impressive and comprehensive account of such interface in
domestic, European and global law, expounding foundations and
jurisprudence. It makes an important and most welcome contribution
to the discourse on trade, investment and human rights and the
quest to find a proper balance. It offers new insights and is
essential reading to all interested in exploring the complex
relationship of human rights and intellectual property in legal
practice and academic research.'
*Thomas Cottier, University of Bern, Switzerland*
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