Intellectual Property and the Human Rights of Companies in Europe

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Intellectual Property and the Human Rights of Companies in Europe

By Aurora Plomer
Cambridge University Press September 2025

Specifications

ISBN-13
9781108841771
Publisher
Cambridge University Press
Publication
September 2025
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

Table of Contents

Introduction
1. The foundations of human rights and property rights
2. First protocol: drafting history
3. Legal persons and legal fictions
4. Intellectual property as fictitious possessions
5. Companies as victims of violations of A1P1
6. Intellectual property rights in the balance
Conclusion
Bibliography
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HKD 1,300.00

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