The right to food and the TRIPS agreement : with a particular emphasis on developing countries' measures for food production and distribution
著者
書誌事項
The right to food and the TRIPS agreement : with a particular emphasis on developing countries' measures for food production and distribution
（The Raoul Wallenberg Institute human rights library, v. 30）
M. Nijhoff, 2007
大学図書館所蔵 全4件
注記
Includes bibliographical references (p. [455]-502) and index
内容説明・目次
内容説明
A concise analysis of the relationship between patent rights and human rights is given in this book, focusing on the right to food. The UN Sub-Commission on Human Rights identified 'apparent conflicts' or 'actual or potential conflicts' between human rights and intellectual property rights. The TRIPS Agreement under the WTO Agreement and the International Covenant on Economic, Social and Cultural Rights constitute the central treaties in the analysis. The book finds that the right to food and related human rights of the Covenant give important guidance when implementing intellectual property legislation and science policy in general. Moreover, the book does not find that the two treaties actually conflict. There are, however, concerns regarding the national implementation of the treaties.
目次
- Preface
- Part I: Treaties Relating to Food and Protection of Biotechnology: 1 Introduction
- 2 Food, Biotechnology and Intellectual Property
- 3 Methodology: Principles and Sources under International Law
- Part II: Relevant Provisions from the International Covenant on Economic, Social and Cultural Rights: 4 Specifying the Nature of the Obligations and the Approach for Understanding Economic, Social and Cultural Human Rights
- 5 The Right to Food as Recognized in the International Covenant on Economic, Social and Cultural Rights
- 6 The Right to Benefit from the Moral and Material Interests of Scientific Production and the Right to Enjoy Benefits from Scientific Progress and Its Applications
- 7 The Justifiable Limitations to the Recognized Rights
- Part III: TRIPS and TRIPS-Compatible Protection: 8 The TRIPS Agreement, Particularly Patent Protection
- 9 Effective Sui Generis Systems for the Protection of New Varieties of Plants
- Part IV: Comparison between Measures to Realize the Right to Food and Measures to Strengthen Patent and Plant Variety Protection:10 Jurisdictional and Jurisprudential Issues under the International Covenant on Economic, Social and Cultural Rights and the TRIPS Agreement
- 11 Principles for Identifying and Solving Conflicts between Treaties, as well as Identifying the Nature of Treaties, Applied to TRIPS and the Covenant
- 12 Conflict or Compatibility between Human Rights and Patent and Plant Variety Protection?
- Part V: Conclusions
- Acronyms
- Symbols
- Definitions
- Table of Cases
- Literature
- Index.
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