Fundamental Rights and European Intellectual Property Law - The Case of Art 17(2) of the EU Charter

CONSTRUCTING EUROPEAN IP: ACHIEVEMENTS & NEW PERSPECTIVES, C. Geiger, ed., Edward Elgar, 2012

14 Pages Posted: 4 Aug 2011

See all articles by Jonathan Griffiths

Jonathan Griffiths

Queen Mary University of London, School of Law

Luke McDonagh

City University London - The City Law School

Date Written: August 3, 2011

Abstract

The enhanced status of the rules and jurisprudence of fundamental rights law under the Lisbon arrangements is likely to have an impact in a number of different areas of EU intellectual property law. In this chapter, we on one particularly interesting aspect of the relationship between these two bodies of law. Art 17(2) of the EU Charter grants intellectual property fundamental status, providing that: ‘Intellectual property shall be protected.’ The intention and effect of this provision are uncertain. Nevertheless, it has already been referred to on a number of occasions within the EU’s intellectual property system. In this chapter, we seek to address some of the uncertainty concerning the aim and scope of Art 17(2) by exploring the interpretation of its historical antecedents. In so doing, we hope to dispel a number of misconceived claims that have been made about its supposed effects.

Suggested Citation

Griffiths, Jonathan and McDonagh, Luke, Fundamental Rights and European Intellectual Property Law - The Case of Art 17(2) of the EU Charter (August 3, 2011). CONSTRUCTING EUROPEAN IP: ACHIEVEMENTS & NEW PERSPECTIVES, C. Geiger, ed., Edward Elgar, 2012. Available at SSRN: https://ssrn.com/abstract=1904507

Jonathan Griffiths (Contact Author)

Queen Mary University of London, School of Law ( email )

67-69 Lincoln’s Inn Fields
London, WC2A 3JB
United Kingdom

Luke McDonagh

City University London - The City Law School ( email )

London, EC1V OHB
United Kingdom

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