Patents and Human Rights: A Heterodox Analysis

2013 ◽  
Vol 41 (1) ◽  
pp. 185-198 ◽  
Author(s):  
E. Richard Gold
Keyword(s):  
Human Rights ◽  
Free Trade ◽  
Intellectual Property Rights ◽  
Right To Health ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Patent Rights ◽  
International Human ◽  
The City

Patents and free trade make strange bedfellows. For most of their history, patents have been instruments deployed to resist trade with other countries, not to enhance it. Whether one looks at Venetian laws that punished citizens who practiced local crafts outside the city, the Mercantilist uses to which patents were put in Elizabethan England, or the cartels of the 19th and 20th centuries created on a foundation of interlocking patent rights, patents have had a distinctly protectionist function. It is thus ironic that it is intellectual property rights in general, and patents in particular, that have been held up in recent years as the poster child of much that is wrong with globalization and free trade. Nowhere is this more so than in debates concerning international human rights law and patents, in particular the position that patents violate an international right to health.

scholarly journals PENOLAKAN PEMBERIAN BANTUAN KEMANUSIAAN DARI PBB OLEH MYANMAR DALAM PRESPEKTIF HUKUM HAK ASASI MANUSIA INTERNASIONAL

Arena Hukum ◽  
2020 ◽  
Vol 13 (3) ◽  
pp. 589-606
Author(s):  
Fransiska Susanto ◽  
Keyword(s):  
Human Rights ◽  
Right To Health ◽  
The State ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Right To Life ◽  
International Human Rights ◽  
Right To Food ◽  
International Human ◽  
United Nation

The rejection from Myanmar over the United Nation humanitarian aids leads to unnecessary suffering for Rohingya in Myanmar. The rejection are not only for the foods but all kind of aids from the United Nation. The aid rejection violates a number of human rights such as right to life, right to food, and right to health. Although the Myanmar government could decline aids under their rights of sovereignty state, the state must first give sufficient aids to Rohingya. The state could not just cut or decline the humanitarian aids if the state is unwilling and unable to provide the humanitarian aids to the citizen. This paper investigates whether those actions of the Myanmar Government violates the human rights of Rohinya by analyzing the international human rights law instrument with the fact.

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