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Intellectual Property Law and Human Rights 5th ed

Edited by: Paul L.C. Torremans

ISBN13: 9789403515694
Previous Edition ISBN: 9789403513041
To be Published: May 2026
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £152.00





Intellectual Property Law and Human Rights, currently in its fifth edition, is fully updated to address current matters as diverse as artificial intelligence, climate change, and biotechnological materials, all centred on the relations between intellectual property and freedom of expression and the fundamental right to privacy in an intellectual property environment. Once regarded as a niche topic, the nexus of intellectual property and human rights now lies in the eye of the storm that is today’s global economy. In this expanded new edition of the pre-eminent work in this crucial area of legal theory and practice – with twelve completely new chapters – well-known authorities in both intellectual property law and human rights law present an in-depth analysis and discussion of essential and emerging issues in the convergence of intellectual property law and human rights law.

What’s in this book:

The contributors address such topics as the following and more:

  • the status of copyright as a fundamental right
  • fair use, transformative use, and the US First Amendment
  • intellectual property in the jurisprudence of the European Court of Human Rights
  • freedom to receive and impart information under the EU Charter of Fundamental Rights
  • upcycling
  • the role of exhaustion
  • algorithmic copyright enforcement and free speech
  • humour, parody and freedom of expression
  • patents and access to health-technologies
  • IPRs, AI and the Right to Science
  • expanding the role of morality and public policy in European patent law, and
  • ethical and religious concerns over patenting biotechnological inventions

How this will help you:

As human rights issues continue to arise in an intellectual property context, practitioners, academics, and policymakers in both fields will continue to recognize and use this well-established cornerstone work in the debate as a springboard to the future development of the ever more prominent interface of intellectual property and human rights.

Subjects:
Human Rights and Civil Liberties, Intellectual Property Law
Contents:
Preface

Part I. The Relationship Between Intellectual Property and Human Rights
CHAPTER 1. How Intellectual Property and Human Rights Can Live Together: An Updated Perspective
Daniel Gervais
CHAPTER 2. Charting Shifts in Doctrine: Intellectual Property and the European Court of Human Rights
Laurence R. Helfer & Yuyan (Nicole) Zhang
CHAPTER 3. Challenges to the Development of a Human Rights Framework for Intellectual Property
Peter K. Yu
CHAPTER 4. The (Renewed) Relevance of Constitutionalizing Intellectual Property: Why Human Rights Are More Than Ever Crucial to Shape and Use IP Law
Christophe Geiger
CHAPTER 5. Intellectual Property Rights and Human Rights: Coinciding, Cooperating and Influencing
Gemma Minero
CHAPTER 6. Proportionality and Balancing Within the Objectives for Intellectual Property Protection
Henning Grosse Ruse-Khan
CHAPTER 7. Copyright (and Other Intellectual Property Rights) as a Human Right
Paul L.C. Torremans
CHAPTER 8. Intellectual Property and the Freedom to Conduct a Business under the EU Charter of Fundamental Rights
Enrico Bonadio & Arjun Solanki
Part II. Copyright and Human Rights
CHAPTER 9. Copyright and Freedom of Expression in Canada
Myra J. Tawfik
CHAPTER 10. Communication to the Public of Works and Freedom to Receive and Impart Information in the Charter of Fundamental Rights
Katarzyna Klafkowska-Wasniowska
CHAPTER 11. Copyright and the Right to Education: Towards Balance? – Or Copyright’s Capture of the Right to Education?
Klaus D. Beiter
CHAPTER 12. Freedom of the Arts in Copyright Law
Alina Trapova
CHAPTER 13. Fair Use, Transformative Use and the First Amendment
Marshall Leaffer
CHAPTER 14. Fairness as a Normative Concept in EU Digital Policies: A Mapping Exercise
Giuseppe Mazziotti
CHAPTER 15. Finding the Balance in Copyright Law: Internal and External Control Through Fundamental Rights
Bernd Justin Jütte
CHAPTER 16. EU Copyright and the Human Right to Culture of People with Disabilities
Caterina Sganga
CHAPTER 17. Upcycling and Copyright Law: A Fundamental Rights Perspective
Péter Mezei
CHAPTER 18. Platforms, Algorithms and What Is Left of User Rights: Revisited
Sebastian Felix Schwemer & Jens Schovsbo

Part III Trade Marks and Human Rights
CHAPTER 19. Unfair Advantage or Fair Use?: Balancing Brand Investment Interests with Fundamental Rights and Free Competition
Nigar Kirimova
CHAPTER 20. Constitutionalizing Algorithmic Enforcement
Giancarlo Frosio

Part IV. Patents and Human Rights
CHAPTER 21. Human Rights Imperative in Interpreting the Morality Exception: European Convention on Human Rights in the Unitary Patent System
Joanna Wisniowska
CHAPTER 22. Expanding the Role of Morality and Public Policy in European Patent Law
Karen Walsh & Naomi Hawkins
CHAPTER 23. Access to (Personalized) Medicine, Intellectual Property Rights and Human Rights
Sven Bostyn
CHAPTER 24. Human DNA and Human Embryonic Research: Ethical and Religious Concerns over Patenting Biotechnological Inventions in Malaysia
Ida Madieha bt. Abdul Ghani Azmi & Majdah Zawawi
CHAPTER 25. Gene Patents and Human Rights
Geertrui van Overwalle & Lodewijk Van Dycke
CHAPTER 26. Patents & Access to Health-Technologies in Everyday Healthcare Contexts for Rare Diseases: Implications and Limitations of the Right to Health at the National Level?
Aisling McMahon & Lauren Kane
CHAPTER 27. The One Right to Rule Them All? Patent Law, National Security, and the Limits of State Power
Frantzeska Papadopoulou Skarp

Part V. Transversal Aspects
CHAPTER 28. The Public Domain as a Human Right?
Philippe Jougleux & Tatiana Eleni Synodinou
CHAPTER 29. Intellectual Property, Human Rights and Climate Change
Abbe Brown
CHAPTER 30. EU Exhaustion of IP Rights Through the Fundamental Rights Lens
Simon Geiregat
CHAPTER 31. This Is Not a Joke: Humour as Protected Expression in IP
Sabine Jacques & Paul Torremans
CHAPTER 32. IPRs, AI and the Right to Science
Timo Minssen, Sebastian Porsdam Mann & Gabriela Lenarczyk

Index