Patents and Human Rights: The Paradox Re-examined
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Description
The Special Rapporteur in the field of cultural rights has recently released two reports tackling the difficult task of reconciling the provision in the Universal Declaration of Human Rights recognising that “Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author” with the right “to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.” The Copyright Report, which was issued first, maintains that the harder question is reconciling moral rights with public access interests because material interests can be satisfied in ways that do not require copyright protection. In contrast, moral rights pose a difficult question because authorial interests in the integrity of the work clash with society’s interest in commenting, parodying, and transforming the work to other needs.
Source Publication
Intellectual Property and Access to Science and Culture: Convergence or Conflict?
Source Editors/Authors
Christophe Geiger
Publication Date
2016
Recommended Citation
Dreyfuss, Rochelle C., "Patents and Human Rights: The Paradox Re-examined" (2016). Faculty Chapters. 1175.
https://gretchen.law.nyu.edu/fac-chapt/1175
