Patens Human Rights And Acess To Science
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| Author | : Aurora Plomer |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 198 |
| Release | : 2015-10-30 |
| Genre | : Health & Fitness |
| ISBN | : 1783475935 |
The new millennium has been described as ‘the century of biology’, but scientific progress and access to medicines has been marred by global disputes over ownership of the science by universities and private companies. This book examines the challenges posed by the modern patent system to the right of everyone to access the benefits of science in international law. Aurora Plomer retraces the genesis and evolution of the key Articles in the UN system (Article 27 UDHR and Article 15 ICESCR). She combines the historiography of these Articles with a novel perspective on the moral foundations of rights of access to science to draw out implications for today’s controversies on patents in the life-sciences. The analysis suggests that access to science as a fundamental right requires both freedom from political and religious interference and the existence of enabling research institutions and educational facilities which promote the flow of knowledge through transparent and open structures. From this perspective, the global patent system is shown to fail spectacularly when it comes to the human rights ideal of universal access to science. The book concludes that a fundamental restructuring of patent institutions is required, in which democratic oversight of patent policies would ensure meaningful realization of the right of everyone to access the benefits of science. Students and scholars of international law, particularly those focusing on intellectual property and human rights, will find this book to be of considerable interest. It will also be of use to practitioners in the field.
| Author | : |
| Publisher | : |
| Total Pages | : 188 |
| Release | : 2015 |
| Genre | : |
| ISBN | : |
Patents, Human Rights and Access to Science offers a discerning insight into the disputes which have erupted in the constitutional courts of Europe and the US over the grant of gene patents and stem cell patents. Retracing the rationale for the juxtaposition of private and public rights of access to science in international law, this book develops a normative framework to analyze the contribution of the UN, ECOSOC and UNESCO in elaborating on the normative content of Article 27 UDHR and Article 15 ICESCR.
| Author | : Emmanuel Kolawole Oke |
| Publisher | : Cambridge University Press |
| Total Pages | : 185 |
| Release | : 2022-03-03 |
| Genre | : Political Science |
| ISBN | : 1108654037 |
Patent rights on pharmaceutical products are one of the factors responsible for the lack of access to affordable medicines in developing countries. In this work, Emmanuel Kolawole Oke provides a systematic analysis of the tension between patent rights and human rights law, contending that, in order to preserve their patent policy space and secure access to affordable medicines for their citizens, developing countries should incorporate a model of human rights into the design, implementation, interpretation, and enforcement of their national patent laws. Through a comprehensive analysis of court decisions from three key developing countries (India, Kenya, and South Africa), Oke assesses the effectiveness of national courts in resolving conflicts between patent rights and the right to health, and demonstrates how a model of human rights can be incorporated into the adjudication of patent rights.
| Author | : Rochelle Cooper Dreyfuss |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2023 |
| Genre | : |
| ISBN | : |
It has long been recognized that patent rights are in tension with human rights. The Universal Declaration of Human Right posits that scientific creators are entitled to the protection of the interests resulting from their scientific production. At the same time, it recognizes the right of everyone to share in scientific advancements and the benefits they create. Typically, this tension is framed as a clash between proprietary and access interests, with discrete conflicts resolved nationally by a combination of limitations and exceptions within patent law, and internationally, with flexibilities that give states room to further access interests. There are, however, several drawbacks to this framing. It tends to limit access to things that others have created for their own purposes, it requires the global South to rely on the North to fulfill its needs, and it creates a something-for nothing narrative that makes international adjudicators wary of allowing states to enjoy significant flexibilities. This paper argues that the right to “share in scientific advancement” must be re-interpreted as a right to participate in the enterprise of scientific advancement. Recast in this way, the right would invigorate state efforts to enable locals to learn from and build on the work of others, fulfill unmet local demand, and ultimately, innovate at the knowledge frontier. At the international level, recognizing the right to do science as fundamental to human development would open policy space and allow states to do what is needed to become technologically self-reliant in areas crucial to their wellbeing.
| Author | : Nicola Lucchi |
| Publisher | : Springer |
| Total Pages | : 212 |
| Release | : 2016-06-14 |
| Genre | : Law |
| ISBN | : 3319304399 |
The volume is devoted to the relevant problems in the legal sphere, created and generated by recent advances in science and technology. In particular, it investigates a series of cutting-edge contemporary and controversial case-studies where scientific and technological issues intersect with individual legal rights. The book addresses challenging topics at the intersection of communication technologies and biotech innovations such as freedom of expression, right to health, knowledge production, Internet content regulation, accessibility and freedom of scientific research.
| Author | : Helena Żakowska-Henzler |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 267 |
| Release | : 2023-07-01 |
| Genre | : Political Science |
| ISBN | : 1803920262 |
This innovative book explores the complex interplay between intellectual property for biotechnological innovations and human rights. Examining the clash between the drive to incentivise innovations that can fulfil human needs and the desire to grant global access to healthcare technologies, it presents thoughtful solutions to the challenges of protecting the human rights of all parties impacted by biotechnological patents and other relevant IP rights.
| Author | : Rubén Miranda Gonçalves |
| Publisher | : Dykinson |
| Total Pages | : 489 |
| Release | : 2021-12-14 |
| Genre | : LAW |
| ISBN | : 8413778174 |
We are publishing this book as the result of a research project carried out by the University of Las Palmas de Gran Canaria in Spain and AFM Krakow University in Poland. Some parts of it were already announced during a scientific Conference organised remotely in Kraków in October 2020. It is now time to present the research findings in writing.The issue of Artificial Intelligence has long raised questions and interests, including those of legal science. A number of problems have not yet been widely analysed, despite the fact that the present time is undoubtedly a time of technological challenges. Therefore, in the presented publication, prepared by the international scientific community, under our scientific guidance, the authors try to analyse the areas which, in their opinion and in our opinion, required such analysis. The leitmotif of our scientific work was human rights and their relationship with Artificial Intelligence. In presenting the research results in this book, we realise that a number of issues still need to be clarified. Nevertheless, we hope that the work presented for the reader’s consideration will constitute an interesting voice in the discussion, a point of reference for all those dealing with the legal issues of new technologies and the protection of human rights.As the presented book is a collective work, the authors essentially present their own views. The whole work has been designed to address a broad spectrum of issues in Artificial Intelligence and human rights in a single collection. We are convinced that such a broad view will allow everyone interested in the discussed issues to see the essence of contemporary problems faced by the science of law in a multinational perspective.We encourage everyone to read the book!Laura Miraut MartínMariusz Zalucki
| Author | : Cesare P. R. Romano |
| Publisher | : Oxford University Press |
| Total Pages | : 905 |
| Release | : 2024 |
| Genre | : Law |
| ISBN | : 0197768997 |
The Human Right to Science offers a thorough and systematic analysis of the right to science in all of its critical aspects. Authored by experts in international law and science policy, the book meticulously explores the right's origins, development, and normative content. In doing so, it uncovers previously unarticulated entitlements and obligations, offering new insights on human rights interconnections.
| Author | : David Koepsell |
| Publisher | : John Wiley & Sons |
| Total Pages | : 200 |
| Release | : 2011-09-23 |
| Genre | : Medical |
| ISBN | : 1444360655 |
Who Owns You? is a comprehensive exploration of the numerous philosophical and legal problems of gene patenting. Provides the first comprehensive book-length treatment of this subject Develops arguments regarding moral realism, and provides a method of judgment that attempts to be ideologically neutral Calls for public attention and policy changes to end the practice of gene patenting
| Author | : Duncan Matthews |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 529 |
| Release | : 2017-06-30 |
| Genre | : Law |
| ISBN | : 1783479450 |
Intellectual property (IP) is a key component of the life sciences, one of the most dynamic and innovative fields of technology today. At the same time, the relationship between IP and the life sciences raises new public policy dilemmas. The Research Handbook on Intellectual Property and the Life Sciences comprises contributions by leading experts from academia and industry to provide in-depth analyses of key topics including pharmaceuticals, diagnostics and genes, plant innovations, stem cells, the role of competition law and access to medicines. The Research Handbook focuses on the relationship between IP and the life sciences in Europe and the United States, complemented by country-specific case studies on Australia, Brazil, China, India, Japan, Kenya, South Africa and Thailand to provide a truly international perspective.
