The present chapter provides the first comprehensive overview of the European Court of Human Rights’ case law on IP for the period since the Court’s inception until today. It results from an analysis of more than 90 such cases, many of which have never been discussed before in the literature. This comprehensive overview shows the emergence in Europe of a human rights framework for the intellectual property system, which – in combination with the increasing use of fundamental rights by national courts to solve private-party disputes – is gaining in coherence and relevance when framing the conception and use of IP law.
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Christophe Geiger and Elena Izyumenko
Christophe Geiger, Craig Allen Nard and Xavier Seuba
Maurice Adams and Corien Prins
The transformative impact of digitalization on society and the state of democracy can scarcely be overestimated. Effects are visible within the national state and across borders, as well as on knowledge production and political participation and social structures. In this introductory chapter, the variety of norms and ideals which are reflected in just as many different conceptions of democracy are singled out with regard to the respective chapters in this volume. Based on this, also some further thoughts on the topic are elaborated upon and a networked approach is advocated.