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 3: Copyright and the human right to property: a European and international case law approach

Thomas Cottier

Abstract

This chapter first expounds the history of the relationship and the special status of property protection as an institutional guarantee depending upon legislation in case law of European and international courts of law. Upon reviewing the case law of international courts and tribunals and the challenges of the post-Gutenberg information society, it suggests that human rights should inform the shaping and interpretation of copyright rules. A methodology is developed to this effect and includes the assessment of the impact of all relevant human rights and of statutory exceptions in the process of law-making and the implementation of copyright rules.

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