Human rights, persons with disabilities and copyright

Brown, Abbe; Waelde, Charlotte

doi:10.4337/9781783472420.00045

Cited by 4 publications

(5 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…105 The Marrakesh VIP Treaty, signed in 2013, illustrates how the external resistance to the IIPR may help states and NGOs to soften the strict interpretation of the flexibilities. 106 It was nothing more than one link in the chain, as developing countries use different regimes to soften the TRIPS requirements of IP rights, including human rights, biodiversity, public health, and plant genetic resources for food and agriculture. 107 As already well documented, the Marrakesh Treaty, constructing a partial 'ceiling on international IP law', marks a paradigm shift in the balance between copyrights and disability rights and renders the former pregnable when confronted with the latter.…”

Section: The Second Transformation: An Unhappy Marriagementioning

confidence: 99%

(Il)legitimacy of international intellectual property regime?

Çapar

2023

Leiden Journal of International Law

View full text Add to dashboard Cite

The recent Covid-19 global health crisis not only brings into sharp relief the current problems afflicting the international intellectual property regime (IIPR) but also calls into question its legitimacy as an international authority. Against this backdrop, the article aims to launch an investigation into the legitimacy of the IIPR, as an international co-ordinative authority, designed to protect IP rights without prejudice to international trade norms. Drawing on Raz’s service conception of authority, it explores whether the IIPR lives up to its promises by enabling co-ordination between states over IP rights without undermining the initial balance on which it is founded, struck between developing and developed countries, as well as between international protection of IP- cum-trade rights and domestic regulatory autonomy. It does so by classifying the historical evolution of the IIPR under three different phases: (i) its foundation, (ii) before, and (iii) after the TRIPS-plus. Upon showing the legitimacy challenges inherent in its undemocratic foundation, the article points to the success of the regime in finding a balance between conflicting interests before the TRIPS-plus era. Later, it underlines the many challenges that come with linking the IIPR to the investment regime and argues that the FTAs and frequent regime-shifting activities put further pressure on the authority and legitimacy of the regime. Stressing the importance of democratic participation for the legitimacy of any co-ordinative authority, the article casts doubt on the IIPR’s legitimacy and concludes by raising some points to overcome the ongoing legitimacy challenges.

show abstract

Section: The Second Transformation: An Unhappy Marriagementioning

confidence: 99%

(Il)legitimacy of international intellectual property regime?

Çapar

2023

Leiden Journal of International Law

View full text Add to dashboard Cite

show abstract

“…The early draft version of the Marrakesh treaty was formally introduced in May 2009 by Brazil, Uruguay and Paraguay (Scheinwald, , p. 472), but it was only in December 2012 that member states and international organizations agreed to discuss a specific treaty containing limitations and exceptions for VIPs at the WIPO Diplomatic Conference (Bertlesman, pp. 43–46; Brown, Waelde, & Harmo, , p. 928; Brown & Waelde, ; Conway, , pp. 41–43; Ficsor, ; Helfer et al, , p. xvii; Hely, , pp.…”

Section: The Marrakesh Vips Treatymentioning

confidence: 99%

“…806–807). Despite disagreement over the provisions of the treaty, the representatives and negotiators managed to leave their differences behind (Brown & Waelde, , pp. 577–602; Brown et al, , p. 928; Kaminski & Yanisky‐Ravid, , pp.…”

Section: The Marrakesh Vips Treatymentioning

confidence: 99%

“…The Treaty intends to prevent copyright law from further constituting an insurmountable obstacle to the production and dissemination of works in accessible formats (Conway, ; p. 41; Hilty et al, ). It specifically addresses the needs of visually impaired communities by discussing, for the first‐time copyright, human rights and disability together in a meaningful way (Brown & Waelde, , pp. 577–602; Helfer et al, , p. xxiii, 8).…”

Section: The Marrakesh Vips Treatymentioning

confidence: 99%

“…There are three important international human rights treaties focused on disability and these include the International Covenant on Economic and Social Culture Rights 1996 (ICESCR), the International Covenant on Civil and Political Rights 1996 (ICCPR), and the UN Convention on the Rights of Persons with Disabilities 2006 (CPRD) (Brown & Waelde, , pp. 577–602; Brown et al, , p. 928).…”

Section: The Implementation Of International Human Rights Treaties Inmentioning

confidence: 99%

See 2 more Smart Citations

The ratification and implementation of the Marrakesh Treaty for visually impaired persons in the Arab Gulf States

Olwan

2017

World Intellectual Property

View full text Add to dashboard Cite

Visually impaired persons (VIP) have asked the international community to help end the “book famine” they face and increase the number of books available in accessible formats. After 30 years of negotiations, meetings and consultation between member states delegates, negotiators and non‐profit organizations, the World Intellectual Property Organization (WIPO) adopted the VIP Treaty on 27 June 2013 in Marrakesh, Morocco, which entered into force on 30 September 2016. Until today, it is mostly developing countries that have ratified the Treaty and only the United Arab Emirates (UAE) embraced its principles among the Gulf States. This article studies the copyright system in the Arab Gulf States and examines the state's readiness for the adoption of the Treaty. It argues that without considering the cultural and legal implications that influence disability and visual impairment in these states ratifying the Marrakesh Treaty and amending copyright laws in the Gulf States will not alleviate the “book famine” for VIPs in these countries. This article proposes legal and policy recommendations to promote and facilitate accessibility to published works for VIPs that can be adopted in the Arab Gulf States and other developing countries.

show abstract

Disability, right to culture and copyright: which regulatory option?

Sganga

2015

International Review of Law, Computers & Technology

View full text Add to dashboard Cite

Human rights, persons with disabilities and copyright

Cited by 4 publications

References 0 publications

(Il)legitimacy of international intellectual property regime?

(Il)legitimacy of international intellectual property regime?

The ratification and implementation of the Marrakesh Treaty for visually impaired persons in the Arab Gulf States

Disability, right to culture and copyright: which regulatory option?

Contact Info

Product

Resources

About