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 4: Fundamental rights and European IP law: the case of Art 17(2) of the EU Charter

Jonathan Griffiths


There is a large and ever-growing literature on the relationship between fundamental rights and intellectual property law. Particular attention has been devoted to a number of specific issues. These include the impact of the rights to health, medicine and life on patent law, the potential conflict between freedom of expression and the laws of copyright and trade marks and the privacy implications of intellectual property remedies and sanctions. These issues, amongst others, have been explored in a range of national and international legal contexts. However, the role of fundamental rights within European Union (EU) intellectual property law has not yet been fully explored. It is, nevertheless, likely to become a subject of increasing significance. Following the coming into force of the Lisbon Treaty, EU bodies have clear obligations to take fundamental rights into consideration in all their activities. Under Art 6(1) of the Treaty of European Union (TEU), rights granted under the Charter of Fundamental Rights of the EU (‘the EU Charter’)7 have the same legal value as those established under the foundational treaties.

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