Tuesday, November 22, 2005

(Some form of) ECOSOC General Comment on IP /HR at last

Thanks to Hector MacQueen and IP Watch for drawing this to my attention.I knew it was being discussed at the UN yesterday, but its been on the agenda for so many years its hard to believe its here. Beyond that, I can't really comment as the text is not yet publicly available.

The comment focusses on the relationship between the rights of authors to benefit morally and materially from their work, and intellectual property rights. Previous discussion, here and in previous IP Watch comments on the develpment of the General Comment, suggests the debate proceeded on a human rights as opposed to economic IP rights basis, rather than engaging in the question of the extent to which, if at all, IP can be a human right.

The IP Watch comment also includes interesting details, including possible opportunities for enforcement, compensation and monitoring if States do not ensure appropriate respect for the human rights of authors. Enforcement of human rights obligations has always proved problematic at international level. However, the introduction of a new instrument of potential use in national and international IP litigation, and further consolidation of the interface between IP and human rights, must assist the debate at theoretical and practical levels as to the appropriate scope and impact of IP, and its relative importance.

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