Intellectual property rights, human rights and the right to health

2013 ◽  
Author(s):  
Duncan Matthews
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Right To Health ◽  
The Right

scholarly journals Medical Patents and the Right to Health – From Monopoly Control to Open Access Innovation and Provision of Medicines

2019 ◽  
Vol 61 (1) ◽  
pp. 153-182
Author(s):  
Philippe Cullet ◽  
Hu Yuanquiong
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Protection ◽  
Access To Medicines ◽  
Right To Health ◽  
Trips Agreement ◽  
Human Right ◽  
The Right

The coming into force of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in the mid-1990s led to a massive strengthening of intellectual property rights in the global South. This was particularly controversial concerning restrictions on access to medicines and set the stage for spirited debates concerning the impacts of medical patents on the realisation of the right to health in the context of the HIV/AIDS crisis. Efforts to reconcile the right to health and medical patents led to a minor amendment of the TRIPS Agreement that has hardly had any impact on the ground while further strengthening of patent protection was obtained, for instance, through bilateral agreements. In the human rights field, attempts to strengthen the protection afforded by the right to health have been partly diluted by efforts to strengthen the claims of inventors under human rights law. At this juncture, two main elements need to be taken forward. The first is to revisit our understanding of the human right to health to ensure, for instance, that there is no compromise in the liberal promise of universality, in particular access to medicines for every person who needs them. The second element is the need to rethink the way in which legal incentives are given to innovate. In a context where patents are the only recognised legal incentive to innovate in the medical field, this discourages the development of medicines for diseases that may affect mostly poor patients, since companies need to recoup their investments. Further, it militates against giving attention to other systems of medicine whose innovations can usually not be protected under the patent system, even where treatments are effective. Keywords: TRIPS Agreement, Access to Medicines, Right to Health, ICESCR

scholarly journals Right To Property: From Magna Carta To The European Convention On Human Rights

SEEU Review ◽  
2015 ◽  
Vol 11 (1) ◽  
pp. 145-158 ◽  
Author(s):  
Jelena Ristik
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Trade Mark ◽  
European Convention ◽  
Human Rights Protection ◽  
European Court ◽  
Magna Carta ◽  
The Right

Abstract Property rights are integral part of the freedom and prosperity of every person, although their centrality has often been misprized and their provenance was doubted. Yet, traces of their origin can be found in Magna Carta, signed by the King of England in 1215. It was a turning point in human rights. Namely, it enumerates what later came to be thought of as human rights. Among them was also the right of all free citizens to own and inherit property. The European Convention on Human Rights was heavily influenced by British legal traditions, including Magna Carta. Among other rights, it also guaranties the right to property as a human right. Moreover, the protection of property rights has been extended to intellectual property rights as well. Namely, the European Court of Human Rights has provided protection of intellectual property rights through the adoption of decisions that interpret the right to property, in relation to intellectual property protection claims. It has extended the human rights protection of property to the mere application for registration of the trade mark. This paper has placed its focus on the development and treatment of the right to property starting from Magna Carta to the European Convention on Human Rights, as modern version of Magna Carta. In this sense, the jurisprudence of the European Court of Human Rights and its role and approach in the protection of the right to property will be examined as well.

scholarly journals CONSTITUTIONAL BASIS OF EXTRAJUDICIAL PROTECTION OF INTELLECTUAL PROPERTY RIGHTS (MEDIATION PROCEDURES)

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Natalia V. Bocharova ◽  
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Private Law ◽  
General Process ◽  
Self Defense ◽  
The Right ◽  
Self Protection

The constitutional bases of mediation in intellectual property cases related to the complex interdisciplinary legal institution of self-protection of rights are analyzed. The urgency of the topic is due to a combination of public and private law principles in modern legal regulation and the general process of constitutionalization of private law and intellectual property law, in particular. It is noted that the proclamation of the constitutional right to self-defense means the inclusion in the comprehensive system of human rights protection of additional ways that increase the effectiveness of its other components and enrich the constitutional human rights mechanism as a whole. In recent years, mediation has been recognized as one of the effective and promising ways of self-protection of intellectual property rights. Ukraine is just beginning to build the institution of mediation as a way to protect intellectual property rights. The research of Ukrainian scientists analyzes the situations when it is expedient and profitable to use mediation to resolve disputes in the field of intellectual property. At the same time, in some works of Ukrainian researchers, in the author�s opinion, there is an element of a certain underestimation of public law support for the right to self-defense, in particular copyright. We believe that the constitutional provisions on self-protection of rights should be used more widely in the development of doctrinal issues of mediation intellectual property matters, which should strengthen the civil aspects of the right to selfdefense and give the problem a broader human significance. The author is convinced that the methodology of the modern system of protection of intellectual property rights should be based on an anthropological approach, which means that the provision and protection of intellectual property rights should be carried out from the standpoint of guaranteeing individual rights. It is concluded that the practice proves the profitability and effectiveness of the use of mediation in disputes related to the protection of intellectual property rights. The full implementation of this institution in Ukraine will contribute not only to improving the protection of intellectual property, but also to ensuring the constitutional rights of man and citizen.

scholarly journals Why Are Generic Drugs Being Held Up in Transit?: Intellectual Property Rights, International Trade, and the Right to Health in Brazil and Beyond

2017 ◽  
Author(s):  
Lea Shaver
Keyword(s):  
International Trade ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Generic Drugs ◽  
Access To Medicines ◽  
Right To Health ◽  
Unique Challenge ◽  
The Right ◽  
In Transit

Monica Steffen Guise Rosina & Lea Shaver, Why Are Generic Drugs Being Held Up in Transit?: Intellectual Property Rights, International Trade, and the Right to Health in Brazil and Beyond, 40 J. L, Med. & Ethics 197 (2012)Access to medicines faces a new legal threat: “border enforcement” of drug patents. Using Brazil as an example, this article shows how the right to health depends on international trade. Border seizures of generic drugs present human rights and trade institutions with a unique challenge. Can public health advocates rise to meet it?

scholarly journals The remarkable development and significance of constitutional protection for intellectual property rights in post-Arab Spring constitutions

2020 ◽  
Vol 10 (4) ◽  
pp. 461-485
Author(s):  
Bronwen Jones ◽  
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Arab Spring ◽  
Right To Health ◽  
Constitutional Protection ◽  
The Many ◽  
The Right ◽  
The Arab Spring ◽  
Potential Use

Prior to the Arab Spring uprisings in 2011, no constitutional protection for intellectual property (IP) existed in the many earlier constitutions of Egypt or Tunisia. It is remarkable and surprising therefore that, in 2014, IP clauses appeared in the post-revolutionary constitutions of both countries. This raises the key question: why add to the existing regulation of IP in this way. Is constitutional protection just another example of the inexorable strengthening of IP rights (IPRs) or could it be a means of constraining them, where necessary, to protect other rights? This article argues that including IP in a constitution may, rather than merely strengthening IP owners' rights, open IPRs up to competition against more fundamental constitutionally protected human rights and, for example, support the prioritization of the right to health. This could be a valid explanation for and potential use of the inclusion of IP in the Egyptian and Tunisian Constitutions.

Interrelation of the realization of the right to participate in the cultural life of society with other rights

2021 ◽  
Vol 15 (3) ◽  
pp. 91-93
Author(s):  
Şəhriyar Rəhman oğlu Cəfərzadə ◽  
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Property Rights ◽  
International Law ◽  
Intellectual Property Rights ◽  
Cultural Rights ◽  
Cultural Life ◽  
Community Information ◽  
The Republic ◽  
The Right

As one of the basic human rights, the right to participate in the cultural life of community is intertwined with the number of human rights. When we analyze both the norms of international law and domestic norms, we see this feature of the law. Thus, in the norms of international law, creative freedom and intellectual property rights are considered together with the right to participate in cultural life. Although the Constitution of the Republic of Azerbaijan specifies the rights mentioned separately, the content of these norms connects these rights. Thus, both literary and artistic, as well as scientific and technical activities, which are part of creative freedom, are considered participation in cultural life. The implementation of these two activities creates intellectual property rights. Key words: human rights, intellectual property rights, cultural rights, right to participate in cultural life of community, information right, cultural right

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