Constructing European Intellectual Property
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Constructing European Intellectual Property

Achievements and New Perspectives

Edited by Christophe Geiger

This detailed study presents various perspectives on what further actions are necessary to provide the circumstances and tools for the construction of a truly balanced European intellectual property system. The book takes as its starting point that the ultimate aim of such a system should be to ensure sustainable and innovation-based economic growth while enhancing free circulation of ideas and cultural expressions. Being the first in the European Intellectual Property Institutes Network (EIPIN) series, this book lays down some concrete foundations for a deeper understanding of European intellectual property law and its complex interplay with other fields of jurisprudence as well as its impact on a broad array of spheres of social interaction. In so doing, it provides a well needed platform for further research.
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Chapter 1: The construction of intellectual property in the European Union: searching for coherence

Achievements and New Perspectives


There is no doubt anymore: European Union law has become the main source of influence on the national laws of the Member States. Today, the European Union constitutes a model of regional legal integration. It has been attributed broad powers by the Member States for the purpose of achieving their common objectives and has set up numerous institutions to implement them. Initially hesitant, the European Union has gradually become interested in intellectual property (‘IP’) and adopted a variety of legislative acts, which were subsequently supplemented by numerous decisions of the Court of Justice of the European Union (the ‘CJEU’). This contributed to the elaboration of a new legal framework in this field, so that it is today possible to speak of a veritable ‘European intellectual property law’. However, this construction has not been systematic but has arisen more or less without organization, often following the agenda of the various institutions. Moreover, as a sign (indeed even proof?) of this lack of unity, there are still very few works that present European intellectual property law in an organized manner. Is such a task impossible given the lack of coherence in European legislative provisions? This is the question that we shall attempt to answer in the following. It is today essential to ask whether the construction is coherent, since this will permit an assessment of the legislation and thus allow us to identify the direction for the future development of intellectual property within the European Union.

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