University Knowledge Transfer: From Fundamental Rights to Open Access Within International Law

摘要: Education, research, cooperation, and social participation all play a role in innovation as catalyst for economic progress. Universities are among the chief stakeholders this process. Nonetheless privatization of scientific outputs weakens benefits science to society undermines norms science, which based on accessing sharing knowledge. Indeed, there is growing disorder setting university missions whereby IP evaluated value itself. Yet, results collective achievement, built vast quantities publicly funded research knowledge transfer occurs mostly through open conferences, databases, publications. This chapter focuses scholarly publishing segment transfer. It will examine access tool that, according holistic approach, contributes establishing balance basic rights at stake, including academic freedom. The idea pluralistic system where “open” “proprietary” models not mutually exclusive be defended. Moreover, an incentive-oriented copyright change, tailored specific needs might TRIPS flexibility. While prohibits discrimination, it does prevent States from treating different situations differently. Accordingly, we imagine paradigm shift protection works. while moral right cornerstone, commercial exploitation publications aim authors. Therefore, applying “functional” perspective work should protectable long its market preserved.