Intellectual Property and the Human Rights of Companies in Europe
저자
Aurora Plomer
발행사항
Cambridge University Press / 2025
형태사항
Page : 197 p.;
Size : 24 cm;
분류기호
365.9
ISBN
9781108841771
언어
eng
주제어
Intellectual property ; European Court of Human Rights
주기사항
Includes bibliographical references and index
000 nam k 005 20251216105649 007 ta 008 251216s2025 ui kor 020 ▼a9781108841771 041 ▼akor 056 ▼a365.9 090 ▼bP729i 245 ▼aIntellectual Property and the Human Rights of Companies in Europe▼dAurora Plomer 260 ▼bCambridge University Press▼c2025 300 ▼a197 p. ▼c24 cm 500 ▼aIncludes bibliographical references and index 650 ▼aIntellectual property ; European Court of Human Rights 950 ▼b₩
Through a systematic analysis of the context and drafting history of the European Convention on Human Rights (ECHR), 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, before 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 Courts construction of the ambiguous text of Article 1 of the First Protocol and its application to corporate intellectual property rights 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. Aurora Plomer is Professor Emeritus of Intellectual Property and Human Rights at the University of Bristol. She has published numerous books and articles in peer-reviewed international journals on the interface between intellectual property, human rights and innovation. The research for this monograph was funded by a Major Research Fellowship from the Leverhulme Trust (MRF 2019-112).