Abstract
AbstractThis chapter examines the impact of the intellectual property chapters in the European Union’s economic partnership agreements (EPAs) on the protection of human rights. It begins by outlining the challenges inherent in any analysis of the interface between intellectual property and human rights. It reminds readers that some of the rights protected under the intellectual property chapters in the EPAs do overlap with rights recognized in existing international or regional human rights instruments. Taking seriously this overlap, the chapter discusses the compatibilities between intellectual property rights and human rights and the resulting synergies created by the EPAs. The chapter then examines the various impediments the EPAs have posed to greater protection of human rights. In particular, it discusses the conflicts and inconsistencies within the EPAs, lost opportunities for promoting human rights and the indirect systemic tension that the agreements have generated within the human rights system. The chapter concludes with a discussion of normative and systemic adjustments that seek to alleviate the tension or conflict between the intellectual property chapters in the EPAs and the international human rights system.KeywordsIntellectual PropertyWorld Trade OrganizationIntellectual Property ProtectionCompulsory LicenseWorld Intellectual Property OrganizationThese keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.
Submitted Version (
Free)
Published Version
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
