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| 1 |
ID:
100069
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| Publication |
2010.
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| Summary/Abstract |
Concerns have been expressed over the role of the World Intellectual Property Organization (WIPO) in influencing the intellectual property policies of other specialized agencies of the United Nations. This article reviews the policies of the Food and Agricultural Organization (FAO), World Health Organization (WHO) and United Nations Educational, Scientific and Cultural Organization (UNESCO), in addition to WIPO itself, and finds very interesting patterns of cooperation. While intellectual property law is primarily concerned with providing incentives for the production of new, creative and applicable arts and knowledge, human rights law is primarily concerned with providing improved access to goods crucial for human well-being and survival. While UNESCO has paid less attention to intellectual property rights over the last decades, rather emphasizing cultural preservation, both FAO and WHO have increased their focus on intellectual property rights. The latter two have increased their cooperation with WIPO, but without a formal agreement with WIPO. The article finds that WIPO, as a specialized agency, has to cooperate with specialized agencies, and there is no reason to believe that the cooperation will be in the form of a "one-way" process in which WIPO instructs the other agencies. At the same time, it must be acknowledged that intellectual property rights can also hamper research, in addition to impacting on the access to the crucial goods.
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| 2 |
ID:
154310
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| 3 |
ID:
085861
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| Publication |
2008.
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| Summary/Abstract |
The Agreement on Trade-Related Aspects at Intellectual Property Rights contains several provisions that both allow for exclusion from patentability, as well as exceptions from the exercise of the rights of the patent holder. With the exception of the first part of article 30, none of these have until now been clarified by the World Trade Organization's (WTO's) dispute-settlement system. Based on an in-depth analysis of a number of these TRIPS provisions, the article identifies whether and how human rights provisions, as well as more overall human rights principles, can be applied in order to strengthen and confer legitimacy to these exclusion and exception provisions. While there is general agreement of the weight of human rights, there is more disagreement on the relevance of human rights, primarily due to the general wording of human rights provisions. Without undertaking a full analysis of the relevant human rights provisions, the article finds that human rights also do provide guidance in negotiations and enforcement of intellectual property rights. An analysis of the prospects for taking into account human rights within the dispute-settlement system and in the political bodies of the WTO is also conducted.
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