Londoño-Lázaro and Córdoba-Marentes, ‘Embedding Human Dignity Standards into Biotechnology Patents: The Role of Morality Clauses’

ABSTRACT
This paper proposes an approach to the debate on how to reconcile international trade and human rights, explaining the minimum content of the ordre public and morality clauses (OPMCs) as the recognition of international human rights law (IHRL) standards in trade law and intellectual property law. Within the context of a multicultural and globalised society, in which trade and economic interests are protected worldwide and morality seems to be a culture-based concept, the primary considerations of IHRL embedded in these pivot clauses serve as a universal defence for human beings and a safeguard to the coherence of the human-centred international system. In particular, this study argues that the OPMCs allow for the enforcement of three standards derived from human dignity in the wider spectrum of biotechnology and scientific research, even constituting legitimate limits to the economic exploitation of biotechnological inventions.

María Carmelina Londoño-Lázaro and Juan F Córdoba-Marentes, Embedding Human Dignity Standards into Biotechnology Patents: The Role of Morality Clauses, European Journal of Risk Regulation, volume 12, issue 3 (special issue on Biotechnology in International Economic Law and Human Rights), September 2021, pp 584-601, https://doi.org/10.1017/err.2021.46. Published online by Cambridge University Press: 18 October 2021.

First posted 2021-11-10 18:00:54

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