IP, Competition and Human Rights
This project seeks to investigate and develop the increasing international debate as to the role played by intellectual property rights, and whether the power now exercised by right owners is inconsistent with encouragement of innovation and diffusion and furthering of knowledge.
Key aspects of the work are considering the impact of intellectual property rights in jurisdictions in the developed world and considering the negotiation and history of the TRIPS agreement, potential opportunities for application of TRIPS and the reaction of the developed world to this, and the impact of this for the developing world and international trade.
Recent Submissions
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Intellectual Property in the New Millennium
(AHRC Research Centre for Studies in Intellectual Property and Technology Law, 1999-06)Paper presented by Jacob on the impact of TRIPS, 1999. -
Response to Consultation on the UK implementation of the Directive on the enforcement of intellectual property rights (2004/48/EC)
(AHRC Research Centre for Studies in Intellectual Property and Technology Law, 2005-10)Response by Brown and Waelde to the Patent Office's consultation on the UK implementation of the directive on the enforcement of intellectual property rights 2004/48/EC -
The interface between intellectual property, competition and human rights: Overview of field and proposed contribution to knowledge
(AHRC Research Centre for Studies in Intellectual Property and Technology Law, 2004-06)An overview of the field and proposed contribution to knowledge by Brown. -
Power, responsibility and norms: could and should human rights be used as a curb on intellectual property rights?
(AHRC Research Centre for Studies in Intellectual Property and Technology Law, 2004-06)Paper by Brown on whether human rights should be used as a curb for intellectual property rights. -
Minute of proceedings from the IP, Competition and Human Rights conference
(AHRC Research Centre for Studies in Intellectual Property and Technology Law, 2004-12)Minute of proceedings from the IP, Competition and Human Rights conference, chaired by Waelde and Brown. The meeting was held in Edinburgh during 2004. -
IP, Regulation and the Enabling State
(AHRC Research Centre for Studies in Intellectual Property and Technology Law, 2005-09)Conference paper presented by Brown to the Society of Legal Scholars in September 2005. -
The interface between IP and competition in the developed world
(AHRC Research Centre for Studies in Intellectual Property and Technology Law, 2004-12)Paper presented by Korah to the "IP, Competition and Human Rights" expert meeting held in 2004. -
Intellectual Property Rights, Competition Policy and Innovation: Is There a Problem?
(AHRC Research Centre for Studies in Intellectual Property and Technology Law, 2004-12)Paper presented by Geroski to the "IP, Competition and Human Rights" expert meeting held in 2004. -
Human Rights, Intellectual Property and Competition Law: From Fragmentation to Coherence
(AHRC Research Centre for Studies in Intellectual Property and Technology Law, 2004-12)Paper presented by Cottier to the "IP, Competition and Human Rights" expert meeting held in 2004. -
The role of human rights in safeguarding the exercise of IP
(AHRC Research Centre for Studies in Intellectual Property and Technology Law, 2004-12)Paper presented by Grosheide at the "Towards Utopia" expert meeting chaired by Waelde and Brown, held in December 2004. -
Genetic Databases: Assessing the Benefits and the Impact on Human and Patient Rights – A World Health Organisation Report
(Martinus Nijhoff Publisher, 2004)This article summarises the underlying rational and provisions of a report on genetic databases prepared for the European Partnership on Patients’ Rights and Citizens’ Empowerment, a network of the World Health Organisation ... -
Human rights: in the real world
(Oxford University Press, 2006)An analysis of the relevance of human rights to litigation and exploitation of intellectual property rights in the UK. The paper considers the impact of the Human Rights Act 1998, and other human rights instruments, ... -
Socially responsible intellectual property: a solution?
(AHRC Research Centre for Studies in Intellectual Property and Technology Law, 2005)This article reviews the extent to which the present global IP system contains an inherent imbalance between the rights of IP owning corporations and IP users, and the public benefit. It also studies the potential relevance ... -
Intellectual Property, Competition and Human Rights: the past, the present and the future
(AHRC Research Centre for Studies in Intellectual Property and Technology Law, 2005)Introduction to a special edition of the SCRIPTed journal, focussing on interplay between intellectual property, competition and human rights. The article discusses the significance of contributions to the journal by ... -
Towards Utopia or Irreconcilable Tensions? Thoughts on Intellectual Property, Human Rights and Competition Law
(Icfai University Press, 2007)The article discusses the relationship between the protection of intellectual property rights, human rights, and competition law. -
The Scope of Copyright
(Intellectual Property Institute, 2003)This paper considers the scope of copyright in the light of the so-called “digital (or Internet) revolution” of the last twenty years, and raises some issues about the future shape of the law which seem to require further ... -
Delict, Contract, and the Bill of Rights: A Perspective from the United Kingdom
(Juta & Co, 2004)The article offers a comparative approach to the impact of South Africa's Bill of Rights on the law of delict and contract in the United Kingdom.
