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Constitutionalization of European Private LawXXII/2$
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Hans Micklitz

Print publication date: 2014

Print ISBN-13: 9780198712107

Published to Oxford Scholarship Online: May 2014

DOI: 10.1093/acprof:oso/9780198712107.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 17 September 2021

Intellectual Property and European Fundamental Rights

Intellectual Property and European Fundamental Rights

(p.210) 7 Intellectual Property and European Fundamental Rights
Constitutionalization of European Private Law

Christine Godt

Oxford University Press

The chapter discusses the contentious relationship of intellectual property and human rights, and inquires if and how the European Charter of Fundamental Rights might influence the discourse about ‘the right balance’. After reviewing the theories about the interface, at its core is the analysis of seven contemporary, conflictual cases which give evidence that the conflict structure of IP law has shifted from horizontal competition cases towards vertical conflicts, both upstream and downstream. The discussions revolve around the fashionable buzzword ‘access’ which encapsulates distinct shifts in the public–private divide similar to the general regulatory shift in European private law. Especially the two private autonomy rights of patients and information citizens, newly formulated in the European Charter, will be instrumental for articulating conflicts of interests in the constitutional discourse of the modern information society.

Keywords:   access, intellectual property, fundamental rights, human rights, regulatory property, property theory, European Charter, private law, autonomy, constitutionalization

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