A critical evaluation of the interface between intellectual property rights and human rights with special emphasis on indigenous intellectual property

被引:2
|
作者
Samaranayake, Wathsala R. [1 ]
机构
[1] Univ Colombo, Fac Law, Colombo, Sri Lanka
来源
关键词
human rights law; indigenous intellectual property rights; intellectual property law;
D O I
10.1111/jwip.12229
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The rendezvous between intellectual property rights and human rights has awakened slumbering legal spirits. Miscellaneous legal phenomena are now nestled in the intersection between intellectual property rights and human rights. However, the interplay between human rights and intellectual property rights is bizarrely characterized by amity and hostility. Naturally, therefore, situating indigenous intellectual property at the intersection of intellectual property and human rights becomes a daunting task. However, the dilemma is often overstated especially from the point of view of conventional intellectual property rights. At the outset of this Article, I shall be exploring the history and the development of the relationship between human rights and intellectual property rights. In the followng section, I shall be examining the extent to which intellectual property rights are entrenched in the international human rights instruments. The last section shall be devoted to exploring the phenomenon of locating indigenous peoples' rights at the interface between intellectual property rights and human rights and reflecting on the ensuing issues-an aspect which has seldom been considered in the existing literature.
引用
收藏
页码:412 / 431
页数:20
相关论文
共 50 条