Constitutional Foundations and Constitutionalization of IP Law - A Tale of Different Stories?

ZGE/IPJ 7 (2015) 1-12

12 Pages Posted: 10 Dec 2015 Last revised: 19 Dec 2015

See all articles by Jens Schovsbo

Jens Schovsbo

Centre for Information and Innovation Law (CIIR)

Date Written: December 9, 2015

Abstract

This article first describes how a ‘constitutionalization’ of IPR has taken place in the case law of the Court of Justice of the European Union. It then reflects on the impact of this development. It is argued that the full effect of the constitutionlization will manifest itself in the years to come but that the process has the potential to have an impact on the balance between courts and legislator, to affect established modi operandi for the interpretation of rules and principles of IPR (in particular the limitations and exceptions) and to upset the existing relationship to other areas of law (competition law).

Keywords: Intellectual property law, fundamental rights, constiututionalization

Suggested Citation

Schovsbo, Jens, Constitutional Foundations and Constitutionalization of IP Law - A Tale of Different Stories? (December 9, 2015). ZGE/IPJ 7 (2015) 1-12, Available at SSRN: https://ssrn.com/abstract=2701227

Jens Schovsbo (Contact Author)

Centre for Information and Innovation Law (CIIR) ( email )

University of Copenhagen
Karen Blixens Plads 16
Copenhagen, 2300
Denmark

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
163
Abstract Views
764
Rank
329,180
PlumX Metrics