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

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.