Research Handbook on Human Rights and Intellectual Property
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Research Handbook on Human Rights and Intellectual Property

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.
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Chapter 22: Right to property and trade secrets

Tanya Aplin


Trade secrets are considered as highly important and valuable for business. But does their protection warrant elevation to the status of human or fundamental rights, in particular the right to property? This chapter examines whether trade secrets fall within the scope of Article 1 of the First Protocol (A1P1) of the European Convention on Human Rights (ECHR) and also Article 17 of the EU Charter of Fundamental Rights (Charter) and argues that there are sound reasons for excluding them. Moreover, it assesses the potential impact of protecting trade secrets as fundamental property rights, in particular in relation to liability, exceptions and remedies. This is contrasted with a model of protection that does not treat trade secrets as property, as illustrated by the recent EU proposal for a Trade Secrets Directive. A1P1 ECHR provides: Article 1 Protection of property Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.

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