Full Description
This unique reference work serves as a comprehensive guide to how Europe's top courts - the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) - address the intersection of intellectual property (IP) and human rights. It traces the evolution of the courts' jurisprudence in these fields and explores how human and fundamental rights including freedom of expression, right to property, freedom to conduct a business, privacy, and the right to a fair trial can influence copyright, trademarks, patents, and other IP rights.
Key Features:
Over 200 cases analysed, many previously overlooked or untranslated, enabling new lines of academic inquiry
Supports informed policy development that balances innovation, commercial interests, and fundamental rights, while proactively identifying and addressing legal risks in public regulation
Presents practical guidance and legal reasoning for handling IP cases involving human rights claims, acting as a guide to precedent from the CJEU and ECtHR
Side-by-side analysis of both European courts with thorough cross-referencing and an extensive study of relevant case law from 1952 to 2025, to provide a clear view of European courts' evolving approach.
This in-depth Commentary is a vital resource for legal practitioners, researchers and policymakers in European law, human rights, and intellectual property law. NGOs and civil society organizations will also benefit from its tools for building rights-based arguments.
Contents
Contents
Table of cases
Table of legislation
Introduction
1 Right to property - Article 1 of Protocol No. 1 to the ECHR and Article 17 of the EU Charter
2 Freedom of expression and information - Article 10 of the ECHR and Article 11 of the EU Charter
3 Private life and personal data protection - Article 8 of the ECHR and Articles 7 and 8 of the EU Charter
4 Freedom to conduct a business and other economic freedoms - Articles 16 and 15 of the EU Charter
5 Non-discrimination and equal treatment - Article 14 and Article 1 of Protocol No. 12 to the ECHR and Articles 20 and 21 of the EU Charter
6 Right to a fair trial and related due process guarantees - Articles 6, 7, and 13 of the ECHR and Articles 47, 48, and 49 of the EU Charter
7 Right to good administration - Article 41 of the EU Charter
8 Other human rights: Right to education, freedom of arts and sciences, human dignity, and human integrity - Article 2 of Protocol No. 1 to the ECHR and Articles 14, 13, 1, and 3 of the EU Charter
Index
