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Faculty Scholarship

Duke Law

2003

Human Rights Law

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Human Rights And Intellectual Property: Conflict Or Coexistence?, Laurence R. Helfer Jan 2003

Human Rights And Intellectual Property: Conflict Or Coexistence?, Laurence R. Helfer

Faculty Scholarship

Human rights and intellectual property, two bodies of law that were once strangers, are becoming increasingly intimate bedfellows. Over the past three years, human rights bodies within the United Nations have devoted unprecedented attention to intellectual property issues, including patented medicines, digital copyrights, technology transfers, economic, social and cultural rights, plant variety protection, and economic development. Unlike the approaches adopted in established intellectual property lawmaking organizations such as the WTO and WIPO, the new human rights approach to intellectual property is often critical of existing standards of protection and it seeks to address legal and policy issues that intellectual property …