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Session 2: The U.S. Perspective, Peter K. Yu, Allan Adler, Duncan Crabtree-Ireland, Mickey Osterreicher, Michael Wolfe, Aurelia J. Schultz
Session 2: The U.S. Perspective, Peter K. Yu, Allan Adler, Duncan Crabtree-Ireland, Mickey Osterreicher, Michael Wolfe, Aurelia J. Schultz
Peter K. Yu
This panel provides an overview of the current state of protection of moral rights in the United States, including discussion of the “patchwork” approach of federal and state laws, as well as judicial opinions.
The Anatomy Of The Human Rights Framework For Intellectual Property, Peter K. Yu
The Anatomy Of The Human Rights Framework For Intellectual Property, Peter K. Yu
Peter K. Yu
Since the U.N. Sub-Commission on the Promotion and Protection of Human Rights adopted Resolution 2000/7 on "Intellectual Property Rights and Human Rights" more than fifteen years ago, a growing volume of literature has been devoted to the debates on the human rights limits to intellectual property rights, intellectual property and human rights, and intellectual property as human rights. Commentators, myself included, have also called for the development of a human rights framework for intellectual property. Thus far, very few commentators have explored the place of patent rights in this framework. Very little research, if any, has also been devoted to …
Succession By Estoppel: Hong Kong's Succession To The Iccpr, Peter K. Yu
Succession By Estoppel: Hong Kong's Succession To The Iccpr, Peter K. Yu
Peter K. Yu
No abstract provided.
Reconceptualizing Intellectual Property Interests In A Human Rights Framework, Peter K. Yu
Reconceptualizing Intellectual Property Interests In A Human Rights Framework, Peter K. Yu
Peter K. Yu
Since the establishment of the World Trade Organization and the entering into effect of the TRIPs Agreement, government officials, international bureaucrats, intergovernmental and nongovernmental organizations, courts, and scholars have focused more attention on the interplay of human rights and intellectual property rights. For example, the U.N. Sub-Commission on the Promotion and Protection of Human Rights recently noted the considerable tension and conflict between these two sets of rights. To avoid these conflicts, the Sub-Commission recommended the primacy of human rights obligations over economic policies and agreements.
While this hierarchy of rights appears straightforward, the situation is actually more complicated because …
Ten Common Questions About Intellectual Property And Human Rights, Peter K. Yu
Ten Common Questions About Intellectual Property And Human Rights, Peter K. Yu
Peter K. Yu
With the continuous expansion of intellectual property rights, there is a growing need for the development of a human rights framework for intellectual property rights. Such a framework is not only socially beneficial, but will enable the development of a balanced intellectual property system that takes human rights obligations into consideration. Developing such a framework, however, is not easy and has raised many difficult questions. Some of these questions are foundational, some of them conceptual, and the remainder merely implementational.
This article tackles in turn ten questions the author has frequently encountered when he discusses the development of a human …