Postgraduate Course: Intellectual Property and Human Rights (LAWS11389)
|School||School of Law
||College||College of Arts, Humanities and Social Sciences
|Credit level (Normal year taken)||SCQF Level 11 (Postgraduate)
|Course type||Online Distance Learning
||Availability||Not available to visiting students
|Summary||Intellectual Property Rights (IPRs) affect various aspects of our lives including health, education, agriculture, politics, communications, privacy, and the environment. The globalization of IPRs (especially after its linkage with international trade) in recent decades has equally led to inevitable tensions and conflicts between IPRs and human rights in both developed and developing countries. Historically, the fields of IP and Human Rights evolved independently, but there is now an increasing recognition of the relationship between both fields and this has equally led to debates concerning the proper conceptualization of the relationship between IP and Human Rights.
This course will examine the nature and significance of the relationship between IP and Human Rights. There will be an exploration of the various tensions resulting from the interaction between IP and Human Rights and an examination of how these tensions are being addressed at national, regional, and global levels. In this regard, the module will examine how traditional IPRs (such as patents, copyright and trademarks) interact and impact civil and political rights (such as freedom of expression and privacy) and economic and social rights (such as the rights to health, education, and food). Other forms of IPRs, such as Image Rights and Plant Variety Protection, and how they impact human rights will also be studied. In addition, there will be an analysis of the issues pertaining to indigenous peoples and the protection of their traditional knowledge and traditional cultural expressions from a human rights perspective.
The course will cover the following topics:
* The relationship between IPRs and Human Rights.
* Actors and Norms in the field of IPRs and Human Rights.
* Biotechnology, Patents, and Human Dignity.
* Patent Rights, Public Health, and the Right to Health.
* Patents, Plant Variety Protection, and the Right to Food.
* Copyright and the Right to Education.
* Trademarks, Image Rights, and Human Rights.
* IPRs, Freedom of Expression, and Access to Information.
* IPRs and Privacy.
* Indigenous Peoples, Traditional Knowledge, and Human Rights.
Course Delivery Information
|Academic year 2020/21, Not available to visiting students (SS1)
|Learning and Teaching activities (Further Info)
Seminar/Tutorial Hours 40,
Programme Level Learning and Teaching Hours 4,
Directed Learning and Independent Learning Hours
|Assessment (Further Info)
|Additional Information (Assessment)
||One essay of up to 4,000 words (80%); short essay of up to 1,000 words to be submitted (20%).
Requirements for all course assessments will be outlined to students within the individual courses at the start of each semester.
||Students will have the opportunity to obtain formative feedback over the course of the semester. The feedback provided will assist students in their preparation for the summative assessment.
Details of the School's feedback policy will be available at the start of the course.
|No Exam Information
On completion of this course, the student will be able to:
- identify key actors and norms in the fields of intellectual property (IP) and human rights, and appreciate the nature and significance of the relationship between intellectual property (IP) and human rights
- identify and understand the tensions arising between IP and human rights and how those tensions are being addressed at domestic, regional and international levels
- critically assess how IP rights may interact with and impact on civil, political, economic and social rights and further issues pertaining to indigenous peoples and the protection of traditional knowledge and traditional cultural expressions from a human rights perspective
- be aware of current developments in the field and be able to contribute in an informed manner to ongoing debate
* Laurence Helfer and Graeme Austin, Human Rights and Intellectual Property: Mapping the Global Interface (Cambridge University Press, 2011).
A detailed list of key resources will be available at the start of the course.
|Graduate Attributes and Skills
||Students will develop their skills and abilities in:
* Application of knowledge, skills and understanding, through e.g. development of legal and other critical analysis skills, selecting and deploying appropriate research techniques;
* Personal and intellectual autonomy, through e.g. developing the ability to independently assess the relevance and importance of primary and secondary sources;
* Communication, e.g. skills in summarising and communicating information and ideas effectively in written form, articulating, evidencing and sustaining a line of argument, and engaging in a convincing critique of others' arguments;
* Personal effectiveness, through e.g. organising personal study and participating in class activities.
||This course is taught by online learning.
|Additional Class Delivery Information
||This course is taught by online learning.
|Keywords||intellectual property; human rights
|Course organiser||Dr Emmanuel Kolawole Oke
Tel: (0131 6)51 4586
|Course secretary||Ms Clare Polson
Tel: (0131 6)51 9704