
Intellectual Property, Human Rights and Competition
Access to Essential Innovation and Technology
Abbe E.L. Brown(Author)
Edward Elgar Publishing
Published on 30. November 2012
Book
Hardback
272 pages
978-0-85793-496-3 (ISBN)
Description
This detailed book explores the relationship between intellectual property, competition and human rights. It considers the extent to which they can and must be combined by decision makers, and how this approach can foster innovation in key areas for society such as pharmaceutical drugs, communications software and technology to combat climate change.The author argues that these three legal fields are strongly interrelated and that they can be used to identify essential technologies. She demonstrates that in some cases, combining the fields can deliver new bases for wider access to be provided to technologies. The solutions developed are strongly based on existing laws, with a focus on the UK and the EU and the structures of existing forms of dispute resolution, including the European Court of Human Rights and the dispute settlement bodies of the World Trade Organization. The final chapters also suggest opportunities for further engagement at international policy and activist level, new approaches to IP and its treaties, and wider adoption of the proposals.
This timely book will appeal to academics and practitioners in IP, competition and human rights, as well as innovation-related industry groups and access to knowledge, health and environment activists.
This timely book will appeal to academics and practitioners in IP, competition and human rights, as well as innovation-related industry groups and access to knowledge, health and environment activists.
Reviews / Votes
'. . . A great resource for courts at all levels, businesses and activists that hopefully by reading it will realize how implementing the Human Rights Emphasis could help courts, nations, and IP owners.' -- Roxanne A. Stokes, Journal of High Technology Law '. . . a book which ought to be taken seriously by practitioners as well as academics. . . Brown's contribution is timely and important.' -- Christopher Stothers, European Competition Law Review 'Abbe Brown's new work provides a welcome and extremely valuable addition of the human rights dimension to the long standing conflict over essential technologies between intellectual property and competition law.' -- Steven Anderman, University of Essex, UK and University of Stockholm, Sweden 'Much has been written on the flexibilities available within the intellectual property system to address development and social needs. This book goes a step further: it explores how greater access to essential technologies can be ensured through human rights and competition law. Although the analysis is focused on UK and the European Union, the book provides valuable insights for assessing the situation in other jurisdictions. The author suggests an innovative approach for courts and legislators to overcome, in the light of public interest considerations, the limits imposed by intellectual property rights. This book is a much welcomed contribution to academic and policy debates on the subject.' -- Carlos M. Correa, University of Buenos Aires, ArgentinaMore details
Language
English
Place of publication
Cheltenham
United Kingdom
Target group
Professional and scholarly
Dimensions
Height: 234 mm
Width: 156 mm
ISBN-13
978-0-85793-496-3 (9780857934963)
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Schweitzer Classification
Person
Abbe E.L. Brown, School of Law, University of Aberdeen, UK
Content
Contents: Foreword by Charlotte Waelde 1. 'The Essence of Intellectual Property Rights is the Right to Exclude' 2. Problem and Solution? Some Introductions 3. Existing Links and Opportunities: Human Rights, Competition and Essential Technologies 4. An Existing Solution? The Judicial and Regulatory Interface between the Three Fields 5. Using Human Rights 6. Market Definition and Abuse: New Arguments for Access 7. Wider Perspectives 8. Conclusions Index