Access to essential technologies: The role of the interface between intellectual property, competition and human rights1

Brown, Abbe

doi:10.1080/13600860903570178

Cited by 3 publications

(2 citation statements)

References 16 publications

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“…The key to resolving the conflict between IPRs and HRs is to introduce HRs and competition law with equal weightage to IPRs in the international IP instruments. This approach would enable broader access to innovations, efficient competition and opportunities for business development while still encouraging future innovations by giving due protection to IP (Brown, 2010; Tanveer et al , 2020). The member states may develop an objective standard to balance IPRs and HRs.…”

Section: Review Results and Discussionmentioning

confidence: 99%

Crossroad of intellectual property rights of technology innovators and human rights: a systematic literature review

Gupta

Wadhwa²,

Chauhan³

2023

DPRG

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Purpose This paper aims to analyze the scholarly approach to examine the issues at the intersection of intellectual property rights (IPRs) and human rights (HRs) and ways to address, to examine broad categories of approaches used by the scholars in examining this conflict, their justification and to provide concrete directions for HRs framework of intellectual property. Design/methodology/approach The study conducted systematic literature review of 94 research articles published between 1996 and 2021, focusing on cross roads between IPRs and HRs. Findings The in-depth content analysis of 94 published research papers revealed the polarization of scholarly opinion on the HRs perspective of IPRs. Originality/value Very limited efforts were made in past to synthesize and organize scholarly research on the conflict between IPRs and HRs covering the right to education, to access information, to food, etc. besides the right to health care. This study synthesized and analyzed the scholarly research on the crossroad between IPRs and HRs, revealed critical conflict areas and collated the justifications of opposing approaches to provide inputs to international organizations, policymakers and governments for the enforcement of IPRs from the perspective of HRs.

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Section: Review Results and Discussionmentioning

confidence: 99%

Crossroad of intellectual property rights of technology innovators and human rights: a systematic literature review

Gupta

Wadhwa²,

Chauhan³

2023

DPRG

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“…Yu took the view 68 Gros she ide 2010. 69 Yu 2007, Brown 2010 Id., 1123. 71 Ibid. that some attri butes of intel lec tual prop erty rights are, indeed, pro tected in inter national or regional human rights instru ments and under scored the impor tance of using dif fer ent approaches to resolve two dif fer ent sets of con flicts: exter nal conflicts (con flicts at the inter sec tion of the human rights and intel lec tual prop erty regimes) and inter nal con flicts (con flicts between rights within the human rights regime).…”

Section: Rec On Cil I a Tion And The Myth Of 'Con Flict' Between Ipr mentioning

confidence: 94%

International Intellectual Property Law and Human Security

Ramcharan¹

2013

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No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use.

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One or Several Super-Rights? The (Subtle) Impact of the Digital Single Market on a Future EU Copyright Architecture

Westkamp

2017

MPI Studies on Intellectual Property and Competition Law

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Access to essential technologies: The role of the interface between intellectual property, competition and human rights1

Cited by 3 publications

References 16 publications

Crossroad of intellectual property rights of technology innovators and human rights: a systematic literature review

Crossroad of intellectual property rights of technology innovators and human rights: a systematic literature review

International Intellectual Property Law and Human Security

One or Several Super-Rights? The (Subtle) Impact of the Digital Single Market on a Future EU Copyright Architecture

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