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Patents, Human Rights and Access to Science (Hardcover)
Loot Price: R2,883
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Patents, Human Rights and Access to Science (Hardcover)
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Aurora Plomer explores international human rights, and its
relevance to battles over intellectual property and science. Her
work highlights the need for the benefits of scientific research to
be fairly and equitably shared. Her work is an important original
contribution to the literature on intellectual property, human
rights, and the sociology of science.' - Matthew Rimmer, Queensland
University of Technology, Australia'This remarkable book highlights
and analyzes the inherent tensions and complementarities of patents
with access to science, as materialized in the most prominent
international human rights agreements. A must-read for anyone
interested in one of the most crucial and debated questions of
intellectual property, examined here from the perspective of its
fascinating but complex interactions with human rights.' -
Christophe Geiger, University of Strasbourg, France 'The
relationship between patents, human rights and science raises
fundamental questions for innovation and for access to the benefits
of scientific endeavour. Yet the complexities of the underlying
science and legal environment in which it operates cannot be
underestimated. Aurora Plomer deftly navigates this terrain with
great clarity and skill. The resulting book is timely, accessible
and a thorough scholarly work that demystifies and throws new light
on the interface between science and the law.' - Duncan Matthews,
Queen Mary University of London, UK The new millennium has been
described as 'the century of biology', but scientific progress and
access to medicines has been marred by global disputes over
ownership of the science by universities and private companies.
This book examines the challenges posed by the modern patent system
to the right of everyone to access the benefits of science in
international law. Aurora Plomer retraces the genesis and evolution
of the key Articles in the UN system (Article 27 UDHR and Article
15 ICESCR). She combines the historiography of these Articles with
a novel perspective on the moral foundations of rights of access to
science to draw out implications for today's controversies on
patents in the life-sciences. The analysis suggests that access to
science as a fundamental right requires both freedom from political
and religious interference and the existence of enabling research
institutions and educational facilities which promote the flow of
knowledge through transparent and open structures. From this
perspective, the global patent system is shown to fail
spectacularly when it comes to the human rights ideal of universal
access to science. The book concludes that a fundamental
restructuring of patent institutions is required, in which
democratic oversight of patent policies would ensure meaningful
realization of the right of everyone to access the benefits of
science. Students and scholars of international law, particularly
those focusing on intellectual property and human rights, will find
this book to be of considerable interest. It will also be of use to
practitioners in the field.
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