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Full-Text Articles in Law

Digital Copyright Enforcement Measures And Their Human Rights Threats, Peter K. Yu Oct 2015

Digital Copyright Enforcement Measures And Their Human Rights Threats, Peter K. Yu

Peter K. Yu

No abstract provided.


Succession By Estoppel: Hong Kong's Succession To The Iccpr, Peter K. Yu Jul 2015

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 Jul 2015

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 Jul 2015

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 …


Where Do Patent Rights Fit Within The Human Rights Framework?, Peter Yu Apr 2015

Where Do Patent Rights Fit Within The Human Rights Framework?, Peter Yu

Peter K. Yu

No abstract provided.