‘Can IP Rights Be Freely Reformed, Limited or Repealed, or Are There Restrictions Resulting From Constitutional Theory and Fundamental Rights?’

Martin Husovec, ‘The Essence of Intellectual Property Rights under Art 17(2) of the EU Charter’, 20 German Law Journal 840 (2019), available at SSRN. The complex interface between intellectual property and fundamental rights is a fascinating field for research which has attracted considerable scholarly attention in the last decades. US IP scholars are well aware of fundamental rights under the US Constitution. The European Union has ‘constitutionalized’ IP rights as well as fundamental freedoms in the Charter of Fundamental Rights of the EU placing them at the very top of the hierarchy of norms … (more)

[Christophe Geiger, JOTWELL, 2 February]

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