Share on LinkedInShare on LinkedIn

ARTICLE · 11 APRIL 2019

How Intellectual Property Rights Are Human Rights

Adams & Adams
Adams & Adams
Contributor
Adams & Adams

Adams & Adams

Who we are: Established in 1908, Adams & Adams is an internationally recognised and leading African...

View firm profile
Explore more from Adams & Adams

In Part One of this series of articles we introduced the concept of cultural appropriation and provided an explanation of why it sits uncomfortably with most of us.

South AfricaGovernment, Public Sector

In Part One of this series of articles we introduced the concept of cultural appropriation and provided an explanation of why it sits uncomfortably with most of us. In Part Two we discussed the power dynamics at play and whether that power-balance has been struck in the current IP legislation we see internationally. This article by Myriam Christmann focuses on those power dynamics once more and looks at the remedies that are offered in order to strike the balance between indigenous people and the State using Human Rights Law as a lever for interpreting IP legislation.

The relationship between Human Rights and Intellectual Property is an interesting one, because it transcends different levels and aspects of each legal field respectively. However, it seems as though the relationship between the two only became apparent only in the 1990s. This is primarily due to the fact that intellectual property rights, by broadening its scope of protection, imposed limitations on

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from