78258 Intellectual Property and Human Rights6cp
Requisite(s): ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law AND (70109 Evidence OR 70717 Evidence and Criminal Procedure)) OR ((22 credit points of completed study in spk(s): C04264 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies)) OR 77905c Preparing for Intellectual Property Practice OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law) OR (70108c Public International Law AND 70417c Corporate Law)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
This subject considers interactions between two areas of international law: intellectual property law and human rights law. Debates about whether intellectual property rights should be waived for all intellectual property relevant to the Covid-19 pandemic are an important example of increasing interactions between intellectual property and human rights, which are becoming more prominent in international and domestic law. These interactions often occur at the interface between public international law and private international law. The theories underlying both intellectual property law and human rights law are relevant to these interactions. The subject considers the way in which theorists have used different approaches to attempt to reconcile interactions between the two fields.
Both international intellectual property law agreements and international human rights law agreements are directly relevant to domestic law. The expansion of international agreements in the field of intellectual property creates increasing obligations on states in developing domestic law. This creates potential conflicts for states seeking to ensure that domestic intellectual property law is consistent with their obligations in international human rights law. This subject uses both an Australian and international perspective to examine three case studies where human rights are relevant to intellectual property: the human right to health; the human right to freedom of expression; and the human right to education. Students are also encouraged to examine other areas where human rights and intellectual property intersect in class discussion and through their individual areas of research.
Detailed subject description.