Challenges of the Knowledge Society (May 2016)
THE INTERACTION OF INTELLECTUAL PROPERTY RIGHTS WITH THE OBJECTIVES AND COMPETENCES OF EUROPEAN UNION
Abstract
Even though, at least superficially seen, the primary law of the European Union did not conferred legislative competence in the field of intellectual property (IP) to the European decisional level, for many categories of IP rights European Union established its own protective systems. This paper assesses the evolution of the amendments to EU primary law that are incident to IP rights protection. It then circumstances the interaction of IP rights with the competences of the European Communities and the European Union. Finally, it highlights several aspects on the legal basis for the European Union action significant for IP rights. Overall, the paper points out the significance of the Court of Justice of the European Union jurisprudence that opened the possibility of a European intellectual property system.
