Jens Schovsbo, ‘Constitutional Foundations and Constitutionalization of IP Law – A Tale of Different Stories?’

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).

Schovsbo, Jens, Constitutional Foundations and Constitutionalization of IP Law – A Tale of Different Stories? (December 9, 2015). Zeitschrift für Geistiges Eigentum/Intellectual Property Law Journal, 2015.

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