Intellectual Property and the Human Rights of Companies in Europe

Aurora Plomer author

Format:Hardback

Publisher:Cambridge University Press

Publishing:30th Jun '25

£100.00

This title is due to be published on 30th June, and will be despatched as soon as possible.

Intellectual Property and the Human Rights of Companies in Europe cover

Explains the history and rationale for the protection of company's intellectual property as fundamental human rights in the ECHR.

This book is the first comprehensive account of the origins and rationale for the grant of human rights to companies in the European Convention on Human Rights and the Court's protection of corporations' intellectual property rights.Through a systematic analysis of the context and drafting history of the European Convention on Human Rights, the book uncovers a hitherto unnoticed disconnect between the moral justification for the inclusion of property rights in the ECHR and the legal scope of protection of the right of legal persons to enjoyment of their possessions in Article 1 of the First Protocol. The study shows how, prior to the adoption of the ECHR, the concepts of legal personality and possessions functioned as legal fictions in European civil and common law to facilitate ownership and sale of tangible and intangible property, shares, debts, securities and intellectual property. The Court's construction of the ambiguous text of Article 1 of the First Protocol and its application to corporate IPRs is reviewed in this light and shown to have been initially anchored in the legal fictions of national laws and later expanded and reinforced by European Union law.

ISBN: 9781108841771

Dimensions: unknown

Weight: unknown

280 pages