Book contents
- Intellectual Property and the Human Rights of Companies in Europe
- Intellectual Property and the Human Rights of Companies in Europe
- Copyright page
- Contents
- Acknowledgements
- Table of Cited Cases
- Abbreviations
- Introduction
- 1 The Foundations of Human Rights and Property Rights
- 2 First Protocol
- 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
- Index
3 - Legal Persons and Legal Fictions
Published online by Cambridge University Press: 07 August 2025
Book contents
- Intellectual Property and the Human Rights of Companies in Europe
- Intellectual Property and the Human Rights of Companies in Europe
- Copyright page
- Contents
- Acknowledgements
- Table of Cited Cases
- Abbreviations
- Introduction
- 1 The Foundations of Human Rights and Property Rights
- 2 First Protocol
- 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
- Index
Summary
The aim of this chapter is to gain a deeper understanding of the subject of rights, legal personality andrights of petition in international law in the run-up to the inclusion of rights of petition to the ECtHR in the ECHR. The analysis shows that there was a nascent debate on whether international organizations such as the United Nations (UN) could acquire legal personality and file complaints on behalf of victims of injury at the International Court of Justice (ICJ) at the Hague but the extension of legal personality to corporations and the grant ofrights of petition to individual persons was not part of that debate. However,corporations had historically enjoyed legal personality in civil and common law systems. Thelegal persona was a mask or legal fiction to facilitate ownership and transfer of property by groups of individuals and corporations. The analysis suggests that the malleability of the fictitious ’legal persona’accommodated a multiplicity of political conceptions of the nature and aims of the corporation, facilitating the inclusion of legal persons as subjects of rights in A1P1.
Information
- Type
- Chapter
- Information
- Publisher: Cambridge University PressPrint publication year: 2025
Accessibility standard: WCAG 2.0 A
The PDF of this book
conforms to version 2.0 of the
Web Content Accessibility Guidelines
(WCAG), ensuring core accessibility principles are addressed and meets the basic
(A)
level of WCAG compliance, addressing essential accessibility barriers.
Content Navigation
Table of contents navigation
Allows you to navigate directly to chapters, sections, or non‐text items through a linked table of contents, reducing the need for extensive scrolling.
Allows you to navigate directly to chapters, sections, or non‐text items through a linked table of contents, reducing the need for extensive scrolling.
Index navigation
Provides an interactive index, letting you go straight to where a term or subject appears in the text without manual searching.
Provides an interactive index, letting you go straight to where a term or subject appears in the text without manual searching.
Reading Order & Textual Equivalents
Single logical reading order
You will encounter all content (including footnotes, captions, etc.) in a clear, sequential flow, making it easier to follow with assistive tools like screen readers.
You will encounter all content (including footnotes, captions, etc.) in a clear, sequential flow, making it easier to follow with assistive tools like screen readers.
Full alternative textual descriptions
You get more than just short alt text: you have comprehensive text equivalents, transcripts, captions, or audio descriptions for substantial non‐text content, which is especially helpful for complex visuals or multimedia.
You get more than just short alt text: you have comprehensive text equivalents, transcripts, captions, or audio descriptions for substantial non‐text content, which is especially helpful for complex visuals or multimedia.
Visual Accessibility
Use of colour is not sole means of conveying information
You will still understand key ideas or prompts without relying solely on colour, which is especially helpful if you have colour vision deficiencies.
You will still understand key ideas or prompts without relying solely on colour, which is especially helpful if you have colour vision deficiencies.
Use of high contrast between text and background colour
You benefit from high‐contrast text, which improves legibility if you have low vision or if you are reading in less‐than‐ideal lighting conditions.
You benefit from high‐contrast text, which improves legibility if you have low vision or if you are reading in less‐than‐ideal lighting conditions.