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Geiger, Christophe; Izyumenko, Elena --- "Intellectual property before the European Court of Human Rights" [2018] ELECD 906; in Geiger, Christophe; Nard, A. Craig; Seuba, Xavier (eds), "Intellectual Property and the Judiciary" (Edward Elgar Publishing, 2018) 9

Book Title: Intellectual Property and the Judiciary

Editor(s): Geiger, Christophe; Nard, A. Craig; Seuba, Xavier

Publisher: Edward Elgar Publishing

ISBN: 9781788113076

Section: Chapter 1

Section Title: Intellectual property before the European Court of Human Rights

Author(s): Geiger, Christophe; Izyumenko, Elena

Number of pages: 82

Abstract/Description:

The present chapter provides the first comprehensive overview of the European Court of Human Rights’ case law on IP for the period since the Court’s inception until today. It results from an analysis of more than 90 such cases, many of which have never been discussed before in the literature. This comprehensive overview shows the emergence in Europe of a human rights framework for the intellectual property system, which – in combination with the increasing use of fundamental rights by national courts to solve private-party disputes – is gaining in coherence and relevance when framing the conception and use of IP law.