Lea Shaver's scientific contributions

Publications (12)

Article
Access to knowledge is a demand for democratic participation, for global inclusion and for economic justice. It is a reaction to the excessively restrictive international IP regime put in place over the last two decades, which seeks to reassert the public interest in a more balanced information policy. With sponsorship from the Ford Foundation, the...
Article
The conventional wisdom in Egypt, as in many developing countries, examines the issue of intellectual property solely as a question of policing and enforcement. Yet a more critical examination is urgently needed, whereby IP law, policy, and practice are viewed from a development perspective, rather than from an enforcement perspective. Such an appr...
Article
The Inter-American Court of Human Rights and the Inter-American Commission on Human Rights are charged with protecting human rights in the Western hemisphere. This article explains the workings of this regional human rights system, examining its history, composition, functions, jurisdiction, jurisprudence, and enforcement. The article also evaluate...
Article
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Article 15(1)(a) of the International Covenant on Economic Social and Cultural Rights—a source of binding law in 160 countries—recognizes “the right of everyone to take part in cultural life.” This provision, however, has so far been little interpreted. This essay suggests how lawmakers and jurists might give meaning to the right to take part in cu...
Article
The role of judicial balancing in U.S. constitutional law adjudication is a source of great contention; both empirically (disagreement over whether opinions do or do not rely on balancing) and normatively (disagreement over whether judges should or should not engage in balancing). On the one hand, notions of balancing are hard to separate from a co...
Article
Public discourse on IP often fails to ask the fundamental question: What is the purpose of intellectual property? The premise of this work is that intellectual property law exists to promote innovation and human development. First and foremost, IP policy must be judged by how well it advances - or frustrates - these goals. This introduction to the...
Article
Over the past three decades, protections for intellectual property have dramatically expanded, both domestically and internationally. Today, economists and legal scholars widely agree that patent and copyright protections are higher than ideal. Excessive protectionism constrains individual liberty, limits the diffusion of innovation, impedes econom...
Article
Comparative indices are widely used in international development circles to benchmark and monitor public policy objectives. To date, however, no one has examined how an index of Access to Knowledge might be constructed. This article examines the methodological issues involved in such a project and provides a blueprint for the development of a robus...
Article
Comparative indices are widely used in international development circles to benchmark and monitor public policy objectives. To date, however, no one has examined how an index of Access to Knowledge might be constructed. This article examines the methodological issues involved in such a project and provides a blueprint for the development of a robus...
Article
The conventional wisdom in Egypt examines the issue of intellectual property solely as a question of policing and enforcement. The high levels of protection indicated by the WTO Agreement on Trade Related Aspects of Intellectual Property Rights are unquestioningly assumed to be desirable. Policy debates—and all too often academic ones as well—focus...

Citations

... In 2004, these activists successfully prompted a call for a new development agenda of WIPO, resulting in the acceptance of the access to knowledge as one of the goals of WIPO (World Intellectual Property Organization, 2007, Recommendation 19). Benkler (2005) and Shaver (2008b) argued that the open access to knowledge would promote broad economic benefits for the public. Follow this argument, as well as the critique of the negative influence of IP law on the economic development (e.g., Gallin & Scotchmer;2002;Maskus, 2000;Shaver, 2008a), this study investigated the positive influence of open-access knowledge on economic growth. ...
... If the major objects of trade of the twentieth century were oil, iron and unskilled labor, in Buainain, 2012). Although not so well known by Brazilians (public and private managers, producers and general society) (Mendes & Antoniazzi, 2012;Shaver, 2010), geographical indications (GIs) are included in these instruments. They apply to goods and services characterized by the place where they originated (collected, produced or manufactured), involving environmental, historical, social and cultural specificities. ...
... Shaver, Lea. 2010. The inter-American human rights system: An effective institution for regional rights protection. Washington University Global Studies LawReview, 9(4), 665. ...
... The right to the benefits and results of science has been explored from different perspectives regarding the right to science and IP (Bammel, 2014;Chapman, 1998;Petitgand et al., 2019;Shaver, 2009) but, unlike other human rights, it is not legally defined or regulated (Wyndham and Vitullo, 2018). The scope, normative content and obligations of the right to science remain underdeveloped, while scientific innovations are changing human existence in ways that were inconceivable a few decades ago (Shaheed, 2012). ...
... Despite being the country with the most established IP rules as standardised by TRIPS, Brazil also simultaneously develops an alternative norm that allows for knowledge-sharing which has been undermined by current dominant IP norms. Various local activists commonly used the term cultura livre (free culture)-rather than open culture-to refer to the "loosely organized movement that seeks to apply free software strategies to the broader realm of cultural production" (Shaver, 2010). This principle of free culture manifests in what is known as open intellectual property (IP) licenses in Brazil where creative works and innovation are made to be accessible for public (Lippmann, 2014). ...
... 183 In legal literature, there is no agreement whether intellectual property rights are human rights 184 or not. 185 It would therefore be difficult to argue that copyright or, more specifically, contract law provisions restricting the transfer of rights from author and publisher, have a human rights status and therefore oblige countries to implement them in national laws. ...
... 10 In addition to the works cited in the text, many edited volumes with chapters on individual cases of IP policy-making have been published. A non-comprehensive list includes Coriat (2008), Haunss andShadlen (2009), Shaver (2010), Shaver and Rizk (2010), Shadlen et al. (2011), Lofgren andWilliams (2013), and Dreyfuss and Rodriguez-Garavito (2014). making of policies in response to the new international environment and the consequences of their implementation. ...
... For Rice [26] the global digital divide is indicated to as the technological gap, the ethnic digital gap, and the absence of digital insertion. Many authors [27][28][29][30] advance the notion of social growth and equal access to information as distributive integrity. Part of the motives for the small profile of researchers in developing countries is the modest access to scientific journals from developed countries, aggravated by the organization of copyright [31]. ...