Prelude to Compatibility between Human Rights and Intellectual Property

Document Sample
Prelude to Compatibility between Human Rights and Intellectual Property Powered By Docstoc
					Prelude to Compatibility between Human Right
Description: Yet today we are faced with growing, entrenched views that the only way to achieve the human rights goals of health, food, and education is through a reduction of intellectual property rights,2 and the view that only by expanded intellectual property rights can we provide incentives for innovation that will address the concerns for health, food, and education.3 The appearance of the conflict arises from the fact that certain human rights documents, such as the Universal Declaration of Human Rights4 ("UDHR") and the International Covenant on Economic, Social and Cultural Rights5 ("ICESCR") provide that every person has the right to health,6 food,7 and education,8 but these rights may be negatively impacted by the human right-also stated in these documents-for authors and inventors to retain moral and material interests in their creations.9 If an author has the right to material interests in his expression, this right may be realized through domestic copyright law providing a limited monopoly on that expression, thus increasing the cost for others to use the original author's work.10 If that "expression" is educational materials, the increased cost may place those materials out of the financial reach of those who could benefit most from it. In the international context, when there is a true conflict, a balancing test similar to the one implemented by the WTO may be helpful in achieving the proper balance between human rights and intellectual property rights while at the same time preventing the assertion of the need to protect education or the moral and material rights of creators as a pretext.
ProQuest creates specialized information resources and technologies that propel successful research, discovery, and lifelong learning.