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Belder, Lucky --- "Introduction" [2010] ELECD 337; in Grosheide, Willem (ed), "Intellectual Property and Human Rights" (Edward Elgar Publishing, 2010)

Book Title: Intellectual Property and Human Rights

Editor(s): Grosheide, Willem

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848444478

Section: Chapter 10

Section Title: Introduction

Author(s): Belder, Lucky

Number of pages: 8

Extract:

10. Introduction
Lucky Belder*
The third part of this book on the nexus between intellectual property rights
and human rights regards the effects of human rights provisions as restricting
the scope and the exercise of intellectual property rights.
The process of globalisation and liberalisation of trade is of great impor-
tance in the fight against poverty and the improvement of access to food and
medicines. The development and the production of these essentials is increas-
ingly controlled by economic interests that are protected by intellectual prop-
erty rights. At the same time, the development of new technology, new media
and uses of these media has resulted in a fast forwarding of adaptation of legis-
lation to secure interests by intellectual property right holders. The access to
these media and the information communicated by these media is the cause of
an increasing digital divide, in which economic interests decide the access to
and the content of the new media economy. A third aspect is the complex rela-
tionship between (representatives of) indigenous communities as holders of
traditional cultural expressions and traditional knowledge, and the agricul-
tural, pharmaceutical and creative industries that are in search of new sources
of information. The question today is how to reconcile these interests in inter-
national legislation and regulate recognition and remuneration for these origi-
nal communities.1
All of these developments have made it necessary to rethink the scope of
intellectual property rights and the balance between private and public interests.
The codification of both ...