Intellectual Property and Human Rights: Learning to Live Together

Gervais, Daniel J.

Download This Paper

Open PDF in Browser

Add Paper to My Library

Intellectual Property and Human Rights: Learning to Live Together

INTELLECTUAL PROPERTY AND HUMAN RIGHTS: LEARNING TO LIVE TOGETHER, Paul L. C. Torremans, ed., Kluwer, 2008

20 Pages Posted: 14 Oct 2008 Last revised: 12 Feb 2009

See all articles by Daniel J. Gervais

Daniel J. Gervais

Vanderbilt University - Law School

Date Written: March 1, 2008

Abstract

Intellectual property and human rights must learn to live together. Traditionally, there have been two dominant views of this "cohabitation," namely a conflict view, which emphasizes the negative impacts of intellectual property on rights such as freedom of expression or the right to health and security, and a compatibility model, which emphasizes that both sets of rights strive towards the same fundamental equilibrium. This Book Chapter takes the dualist view that both are right, though there is, and should be, much more truth to the second approach in the coming years.

Keywords: Human rights, intellectual property, copyright, patents

JEL Classification: K33

Suggested Citation: Suggested Citation

Gervais, Daniel J., Intellectual Property and Human Rights: Learning to Live Together (March 1, 2008). INTELLECTUAL PROPERTY AND HUMAN RIGHTS: LEARNING TO LIVE TOGETHER, Paul L. C. Torremans, ed., Kluwer, 2008, Available at SSRN: https://ssrn.com/abstract=1283985