Law7558 - Human Rights and Intellectual Property

LAW7558 - Human Rights and Intellectual Property

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This seminar examines the complex, sometimes conflictual relationship between these two expanding areas of legal governance. It explores a wide range of issues, including the enforcement of intellectual property rights through international treaties such as TRIPs and the Anti-Counterfeiting Trade Agreement (ACTA), competition between human rights claims to necessary pharmaceuticals and patent protection, access to knowledge (A2K), the idea of authorial rights and moral rights as fundamental human rights, the intersection between freedom of expression and copyright through the application of the U.S. First Amendment and Article 10 of the European Convention on Human Rights, rights concerning Plant Genetic Resources (PGRs), biopiracy, the Right to Be Forgotten under the European Data Protection Directive,digital privacy/publicity rights, the nexus of trademark and expressive rights as found in remix culture, and traditional knowledge and other claims of collective interests in indigenous cultural production. While this course examines intellectual property law and human rights in the United States, a significant portion of the class will address global law and policy with a particular focus on the United Kingdom, the European Union countries, and the construction of international frameworks.