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Fundamental rights and European IP law: the case of Art 17(2) of the EU Charter

Griffiths, Jonathan and Mcdonagh, Luke T. (2013) Fundamental rights and European IP law: the case of Art 17(2) of the EU Charter. In: Geiger, Christophe, (ed.) Constructing European Intellectual Property: Achievements and New Perspectives. Edward Elgar Publishing, Cheltenham, UK, pp. 75-93. ISBN 9781781001639

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Abstract

The enhanced status of the rules and jurisprudence of fundamental rights law under the Lisbon arrangements is likely to have an impact in a number of different areas of EU intellectual property law. In this chapter, we on one particularly interesting aspect of the relationship between these two bodies of law. Art 17(2) of the EU Charter grants intellectual property fundamental status, providing that: ‘Intellectual property shall be protected.’ The intention and effect of this provision are uncertain. Nevertheless, it has already been referred to on a number of occasions within the EU’s intellectual property system. In this chapter, we seek to address some of the uncertainty concerning the aim and scope of Art 17(2) by exploring the interpretation of its historical antecedents. In so doing, we hope to dispel a number of misconceived claims that have been made about its supposed effects.

Item Type: Book Section
Official URL: http://www.e-elgar.co.uk/
Additional Information: © 2013 The Authors
Library of Congress subject classification: J Political Science > JN Political institutions (Europe)
K Law > K Law (General)
Sets: Departments > Law
Rights: http://www.lse.ac.uk/library/usingTheLibrary/academicSupport/OA/depositYourResearch.aspx
Date Deposited: 23 Sep 2011 10:48
URL: http://eprints.lse.ac.uk/38416/

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