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 3: The legal framework of the legislative activity concerning intellectual property rights at European regional level


In this chapter I shall try to present the legal framework in which most of the legislative activity concerning IP rights takes place at European regional level. This legal framework is the result of a development characterized in a first phase by a traditional intergovernmental approach, followed from 1980 onwards by a growing European Communities (EC), later on European Union (EU), legislative approach. The most important part of this activity has been and is being carried out today in the framework of the EC, now EU. The intergovernmental approach, which was at the origin of one of the most successful achievements, the creation of the European Patent Organisation, continues to play some role also today. The two approaches have strongly influenced each other and continue to do so at present, as witnessed by the current initiative to create an international Patent Court to decide actions concerning European Patents and EU patents.

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