The Empowering Role of Copyright in Realizing the Right to Health Professor Steven D. Jamar Howard University School of Law International Director, Institute for Intellectual Property and Social Justice © 2013 Steven D. Jamar (no copyright claimed in images or videos)

Prior Panels All those prior panels – IHR to Health and Patents IHR to Access to Information and IP IHR to Beneficial Participation in Society and Science Just introductions to my talk.

IHR Definition “ a claim, interest, need, or demand which is cognizable under law and which proceeds from moral precepts necessary for respect for human dignity” Prof. Goler Teal Butcher

Progressive Realization: Role of Information and Knowledge Informational aspects of the IHR to Health are central to progressive realization of health Knowledge of health-influencing factors Environment Safe work conditions Diet Hygiene Knowledge by health care providers Knowledge of options for health care

IHR to Health ICESCR Article The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. 2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for: (a) The provision for the reduction of the stillbirth-rate and of infant mortality and for the healthy development of the child; (b) The improvement of all aspects of environmental and industrial hygiene; (c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases; (d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness.

IHR Access to Information ICCPR Article Everyone shall have the right to hold opinions without interference. 2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. 3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public health or morals.

IHR Science and IP Article The States Parties to the present Covenant recognize the right of everyone: (a) To take part in cultural life; (b) To enjoy the benefits of scientific progress and its applications; (c) To benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. 2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for the conservation, the development and the diffusion of science and culture. 3. The States Parties to the present Covenant undertake to respect the freedom indispensable for scientific research and creative activity. 4. The States Parties to the present Covenant recognize the benefits to be derived from the encouragement and development of international contacts and co-operation in the scientific and cultural fields.

IHR Negative – stop it or don’t do that Affirmative – do something Progressive realization Enforceability Political advocacy

Concepts Threaded Together Social Justice Inclusion Empowerment IHR to Health Especially informational aspects Copyright

Social Justice Inclusion Especially of those marginalized Any scale – within a country; within the world community; within any particular group Empowerment Providing environment (social, economic, cultural, political, physical) appropriate to entrepreneurial efforts of all sorts Provide access to information needed for action

Copyright Does not protect ideas Protects the expression of those ideas Can be an engine or brake on development Forms Text: Pamphlets, books, websites AV works: Films, videos, youtube Graphic works: Posters, charts, comics, illustrations Audio: Music, audio text (radio, internet, whatever)

© for Health

© for Health–Links Web MD Youtubehttp:// s8http:// s8 Health care in South Africa – wikipedia

Information Connections Information and Inclusion and Empowerment Information and Copyright Information and Health

Aside: Internet Access as IHR IHR and Internet aspects Information Communication Participation Blocking problem Copyright aspect – guise of protecting copyright used to censor (Peter Yu has explored this)

Information and Social Justice–Inclusion Inclusion “What’s going on?” Let me in!

Information and Social Justice–Empowerment Empowerment Information is power

Social Justice Perspective Inclusion and empowerment perspectives can inform the shape of an IP regime Inclusion and empowerment are tied directly to IHR IP – protect those in power or IP – empower everyone

Empowerment and Information Empowerment for your own health Empowerment to get into the business of health care (domain knowledge; knowledge of how to get into it) Empowerment to include and empower others

Copyright, Information, Health, Empowerment Creation of copyrighted works to distribute Who pays? Who creates? Distribution of copyrighted works Who pays? Who does it? How is it done? Control of content Central control vs.

Government Roles: Info, IP, IHR Health Create Pay for creation of materials to distribute Create incentives for others to create (IP) Distribute Pay for distribution Create incentives for others to distribute (IP) Regulate distribution (compulsory licensing; regulated compensation) Target various groups, especially marginalized ones Danger Big Brother vs. Independence

Lawyering Approach Local conditions Problem solving Not one-size-fits-all Levels of work Standards-setting Information dissemination Regional (interstate; continental) National Local

Conclusion Social Justice Inclusion Empowerment Provides useful perspective for thinking of IHR and IP Not IP as IHR Not IHR as limit on IP But IP and IHR engaged in common endeavor