Over the past three decades, protections for intellectual property have dramatically expanded, both domestically and internationally. Today, economists and legal scholars widely agree that patent and copyright protections are higher than ideal. Excessive protectionism constrains individual liberty, limits the diffusion of innovation, impedes economic growth, and results in higher prices for consumers. International IP law, however, poses a significant barrier to reform. A network of multilateral and bilateral trade treaties operates as a one-way ratchet, promoting ever-higher protections and constraining the ability of domestic policymakers to impose sensible limits.
One possible route out of this dilemma may be found at Article 27 of the Universal Declaration of Human Rights, which specifies that “Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.” To date, there has been little to no jurisprudence or legal scholarship interpreting this rather obscure provision of international law. Following accepted methods for the interpretation of human rights treaties, this work revisits the historical record to uncover Article 27's intended meaning and scope, examines relevant national and regional jurisprudence and UN agency practice, and looks to scholarly discussion of related and similar rights provisions.
Drawing on this interpretative analysis, the article identifies the concrete steps States must take—domestically and internationally—to limit intellectual property protections in order to fulfill their human rights treaty obligations. In so doing, I suggest that the right to science and culture, properly understood, can provide an important rhetorical and legal tool with which to counterbalance the protectionist push and open up new possibilities for sensible IP reform.
Posted by
Gavin Baker at 9/03/2009 01:11:00 AM.
The open access movement:
Putting peer-reviewed scientific and scholarly literature
on the internet. Making it available free of charge and
free of most copyright and licensing restrictions.
Removing the barriers to serious research.
I recommend the OA tracking project (OATP) as the best way to stay on top of new OA developments. You can read the OATP feed on a blog-like web page or subscribe to it by RSS, email, or Twitter. You can also help build the feed by tagging new developments you encounter.
