Intellectual Property and the Judiciary
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Intellectual Property and the Judiciary

Edited by Christophe Geiger, Craig A. Nard and Xavier Seuba

Intellectual Property and the Judiciary explores the role of the judiciary in the elaboration and interpretation of intellectual property law, exploring how IP doctrine and policy are developed and the manner in which judges construct and apply norms in different court systems. The authors engage in a comparative exploration of various national, European and international judiciaries and appraise the competing and complementary roles of governing bodies. The book offers an examination of both common law and civil law traditions in the context of judicial treatment of intellectual property.
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Chapter 2: The European Court of Human Rights: an unlikely forum for the enforcement of IP rights

Aurora Plomer

Abstract

The constitutional limitations of the European Court of Human Rights (ECHR) constrain the role of the Court in defining the scope of intellectual property rights (IPRs) and their enforcement. This chapter analyses these limitations by explaining the contested origins of the right to property and the paradoxical conferral of property rights to ‘legal persons’; setting out the constitutional constraints on the exercise of the Court’s jurisdiction; and reviewing the Court’s case law on IP rights. These considerations explain the very low volume of IPR applications and why the Court is an unlikely forum for the enforcement of IPRs.

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