Published online by Cambridge University Press: 07 August 2025
As seen in chapter 5, the Court’s expansive construction ofArticle 1 of the First Protocolto include intellectual property rights (IPRs) as a type of ‘possession’ enabled the entrenchment ofsupranational protection of companies intellectual property as a fundamental human right in Europe. Thisexamines how the ECtHR’sconstruction of companies’ IPRs as protected human rights under the Convention,in turn opened the way for a new ‘dynamic’ approach, whereby IPRs stood to be weighed and balanced against other fundamental rights, notably freedom of expression in Article 10 ECHR. The analysis of the Court’s case lawshows that, contrary to the optimistic expectations from IP scholars that human rights that could act as a counterweight to IPRs, the Court’s balancing exerciseresulted in the strengthening of owners’ intellectual property in the balance with Article 10 ECHR.
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