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 4: Taking power tools to the acquis – the Court of Justice, the Charter of Fundamental Rights and European Union copyright law

Jonathan Griffiths


Copyright law is only partially harmonised in the European Union. Over the last few years, however, the Court of Justice has begun to develop a more fully articulated body of copyright rules. In doing so, it has increasingly been guided by the apparent requirements of the Charter of Fundamental Rights, a development described by some as ‘constitutionalisation’. This chapter sketches this process and considers how far it might be carried. Could it lead to (i) a more fully harmonised set of exceptions and limitations at Union level or (ii) the recognition of additional rights for authors and other right-holders?

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