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Intellectual Property Law and Human Rights

Intellectual Property Law and Human Rights

eText | 23 June 2026 | Edition Number 5

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Once regarded as a niche topic, the nexus of intellectual property and human rights now lies in the eye of the storm that is today's global economy. In this expanded new edition of the pre-eminent work in this crucial area of legal theory and practice - with twelve completely new chapters - well-known authorities in both intellectual property law and human rights law present an in-depth analysis and discussion of essential and emerging issues in the convergence of intellectual property law and human rights law. The fifth edition is fully updated to address current matters as diverse as artificial intelligence, climate change, and biotechnological materials, all centred on the relations between intellectual property and freedom of expression and the fundamental right to privacy in an intellectual property environment.

The contributors address such topics as the following and more:

  •         the status of copyright as a fundamental right;

  •          fair use, transformative use, and the US First Amendment;

  •          intellectual property in the jurisprudence of the European Court of Human Rights;

  •          freedom to receive and impart information under the EU Charter of Fundamental Rights;

  •          upcycling;

  •          the role of exhaustion;

  •          algorithmic copyright enforcement and free speech;

  •          humour, parody and freedom of expression;

  •          patents and access to health-technologies;

  •          IPRs, AI and the Right to Science;

  •          expanding the role of morality and public policy in European patent law; and

  •          ethical and religious concerns over patenting biotechnological inventions.

As human rights issues continue to arise in an intellectual property context, practitioners, academics, and policymakers in both fields will continue to recognize and use this well-established cornerstone work in the debate as a springboard to the future development of the ever more prominent interface of intellectual property and human rights.

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