CrossRef Open Access 2023

From defending the “opposite of property” to the fundamental right to property, the case for the application of human rights law and philosophy to the international intellectual property regime.

Anna-Lisa Lafay

Abstrak

International intellectual property law has extended so far in scope, both substantially and geographically, that it plays a role in aggravating poverty, creating crises in access to medicine and in the exploitation of indigenous peoples’ resources, to cite a few of its impacts. This expansion of intellectual property law has been extensively criticised, most famously by “cultural environmentalists”, who compare the public domain to a natural resource which is being depleted by intellectual property rights. While this criticism aptly brings into question the international intellectual property regime, the binary it relies on, between the public domain and intellectual property, does little to address the nefarious human impacts of the regime. Instead, bringing intellectual property law within the ambit of international human rights law allows for a more comprehensive evaluation of ethical concerns and human consequences, bringing nuance that the cultural environmentalists’ public domain rhetoric lacks.

Penulis (1)

A

Anna-Lisa Lafay

Format Sitasi

Lafay, A. (2023). From defending the “opposite of property” to the fundamental right to property, the case for the application of human rights law and philosophy to the international intellectual property regime.. https://doi.org/10.14324/111.444.2052-1871.1572

Akses Cepat

Informasi Jurnal
Tahun Terbit
2023
Bahasa
en
Sumber Database
CrossRef
DOI
10.14324/111.444.2052-1871.1572
Akses
Open Access ✓