Research Handbook on Human Rights and Intellectual Property
Show Less

Research Handbook on Human Rights and Intellectual Property

  • Research Handbooks in Intellectual Property series

Edited by Christophe Geiger

Research Handbook on Human Rights and Intellectual Property is a comprehensive reference work on the intersection of human rights and intellectual property law. Resulting from a field-specific expertise of over 40 scholars and professionals of world renown, the book explores the practical and doctrinal implications of human rights on intellectual property law and jurisprudence. In particular, the chapters scrutinize issues related to interactions among and between norms of different legal families, the role of human rights in development of the balanced intellectual property legal framework, standing case-law of national and regional courts and intellectual property offices reconciling overlapping rights and obligations, and identify the practical significance of different human rights for the exercise of intellectual property rights.
Buy Book in Print
Show Summary Details

Chapter 20: Intellectual property and human rights: Reputation, integrity and the advent of corporate personality rights

Guido Westkamp

Extract

The protection of personal reputation is one of the oldest principles recognised by law. Defamation, for example, is a doctrine which goes back to medieval times. Today, individuals may also claim protection for their reputation under human rights law in Europe, as well as under national constitutional law and related causes of action. For example, German law protects aspects of a person’s individual reputation on the basis of the general tort clause under Article 823 of the Civil Code, which in turn is informed by the personality rights under the German constitution. UK law – despite not having recognised a general cause of action based upon a right to one’s personality – has increasingly applied common law actions and principles of equity to provide protection for reputation, privacy or self-determination. The status of the human right to respect for one’s reputation may, however, also be applied vis-à-vis commercial activities. In addition, however, it is accepted that personality rights (including the moral rights under copyright law) are rooted in human rights law, as are the rights for an individual to have his personal honour or reputation respected. This chapter considers the impact of reputation protection across the various intellectual property (IP) disciplines and attempts a distinction between derogatory or defamatory acts affecting reputation (both individual and collective) and criticises, fundamentally, the notion of reputation as a means to create substitute IP rights on the basis of conceptual approaches rooted in human rights law.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.