Human rights principles in the WIPO Marrakesh Treaty: driving change in copyright law from within

Abstract

The number of countries joining the WIPO Marrakesh Treaty for the visually impaired has been gradually increasing since its adoption in 2013. This article evaluates the contribution of the WIPO Marrakesh Treaty to the untangling and understanding of the interface of intellectual property law and human rights law. It analyses the significance of the human rights language used in the Treaty as well as its mandatory copyright exceptions. It is argued that the significance of the Treaty mainly lies in its inclusion of human rights principles. This, together with the introduction of compulsory copyright limitations and exceptions, forms the innovative approach of the Treaty that reshapes the contours of the relationship between intellectual property rights and human rights.