An in-depth analysis of the human rights attributes of the Marrakesh Treaty helps clarify theoretical issues such as whether there is a conflict between copyrights and human rights, and solve the problems of system de...An in-depth analysis of the human rights attributes of the Marrakesh Treaty helps clarify theoretical issues such as whether there is a conflict between copyrights and human rights, and solve the problems of system design and law enforcement in terms of authorized entities and accessible formats. This paper discusses the human rights perspective contained in the Marrakesh Treaty from the background,positioning, and content of the treaty, and puts forward suggestions on policies and laws for the implementation of the Marrakesh Treaty based on the implementation of the treaty in the Chinese legal system.展开更多
The Marrakesh Treaty is an international treaty specifically concluded by the World Intellectual Property organization(WIPo)to address the“book famine”for people who are blind,visually impaired,or otherwise print di...The Marrakesh Treaty is an international treaty specifically concluded by the World Intellectual Property organization(WIPo)to address the“book famine”for people who are blind,visually impaired,or otherwise print disabled.It uses the tools of copyright law and policy for the purpose of human rights.Prior to the conclusion of the Marrakesh Treaty,the international intellectual property treaties were all focused on intellectual property protection and the higher level of protection.The Marrakesh Treaty is the first international intellectual property treaty to highlight the limitation and exceptions of rights and explicitly use human rights discourse.There were some theoretical disputes during the negotiation of the Marrakesh Treaty,mainly because the international community failed to reach a consensus on such basic theoretical issues as the relationship between copyright and human rights and the legal nature of the Marrakesh Treaty.When implementing the Marrakesh Treaty in domestic law,China should face theoretical disputes,coordinate the protection of copyright and the promotion of human rights on the basis of its national conditions,and make corresponding institutional arrangements.展开更多
文摘An in-depth analysis of the human rights attributes of the Marrakesh Treaty helps clarify theoretical issues such as whether there is a conflict between copyrights and human rights, and solve the problems of system design and law enforcement in terms of authorized entities and accessible formats. This paper discusses the human rights perspective contained in the Marrakesh Treaty from the background,positioning, and content of the treaty, and puts forward suggestions on policies and laws for the implementation of the Marrakesh Treaty based on the implementation of the treaty in the Chinese legal system.
基金a periodic research result of the Case Study of Copyright Protection in Media Convergence in the Digital Era(Grant No.20XN0001)of the scientific research fund program of the Renmin University of China。
文摘The Marrakesh Treaty is an international treaty specifically concluded by the World Intellectual Property organization(WIPo)to address the“book famine”for people who are blind,visually impaired,or otherwise print disabled.It uses the tools of copyright law and policy for the purpose of human rights.Prior to the conclusion of the Marrakesh Treaty,the international intellectual property treaties were all focused on intellectual property protection and the higher level of protection.The Marrakesh Treaty is the first international intellectual property treaty to highlight the limitation and exceptions of rights and explicitly use human rights discourse.There were some theoretical disputes during the negotiation of the Marrakesh Treaty,mainly because the international community failed to reach a consensus on such basic theoretical issues as the relationship between copyright and human rights and the legal nature of the Marrakesh Treaty.When implementing the Marrakesh Treaty in domestic law,China should face theoretical disputes,coordinate the protection of copyright and the promotion of human rights on the basis of its national conditions,and make corresponding institutional arrangements.
