The Marrakesh Treaty: Using the tools of intellectual property law to advance human rights
Laurence R. Helfer · Edward Elgar Publishing eBooks · 2023
This chapter considers the relationship between human rights and intellectual property. It argues that constructive engagement between the two legal regimes can occur by redirecting incentives for innovation and creativity and channeling market forces toward socially desirable outcomes. The chapter explores this claim using the example of the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired or otherwise Print Disabled. This recently-adopted multilateral agreement provides a conceptual and practical illustration of how to use the tools and doctrines of intellectual property law to advance human rights ends. The article argues that the Marrakesh Treaty’s core obligation - mandatory exceptions to copyright to promote the rights of persons with visual disabilities - may offer a model for harmonizing human rights and intellectual property in other contexts.