The Essence of Intellectual Property Rights Under Article 17(2) of the EU Charter
Smoking kills. It is also very costly, which is why many governments try to change the habits of their citizens, including by changing the packaging of the products they buy. Of course, tobacco firms are pushing against such laws. They see their rights, in particular, rights to intellectual property...
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| Format: | Article |
| Language: | English |
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Cambridge University Press
2019-09-01
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| Series: | German Law Journal |
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| Online Access: | https://www.cambridge.org/core/product/identifier/S2071832219000658/type/journal_article |
| _version_ | 1811156169732915200 |
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| author | Martin Husovec |
| author_facet | Martin Husovec |
| author_sort | Martin Husovec |
| collection | DOAJ |
| description | Smoking kills. It is also very costly, which is why many governments try to change the habits of their citizens, including by changing the packaging of the products they buy. Of course, tobacco firms are pushing against such laws. They see their rights, in particular, rights to intellectual property, violated. They argue that such legislative changes take away the essence of their hard-earned IP rights and should not be permissible. They point out that the CJEU is allegedly redefining the “essence” of fundamental rights and its function in the system of limitations and developing a set of core inviolable rights. |
| first_indexed | 2024-04-10T04:45:58Z |
| format | Article |
| id | doaj.art-44fc4331a8e54cab88f05d3221f794b2 |
| institution | Directory Open Access Journal |
| issn | 2071-8322 |
| language | English |
| last_indexed | 2024-04-10T04:45:58Z |
| publishDate | 2019-09-01 |
| publisher | Cambridge University Press |
| record_format | Article |
| series | German Law Journal |
| spelling | doaj.art-44fc4331a8e54cab88f05d3221f794b22023-03-09T12:35:09ZengCambridge University PressGerman Law Journal2071-83222019-09-012084086310.1017/glj.2019.65The Essence of Intellectual Property Rights Under Article 17(2) of the EU CharterMartin HusovecSmoking kills. It is also very costly, which is why many governments try to change the habits of their citizens, including by changing the packaging of the products they buy. Of course, tobacco firms are pushing against such laws. They see their rights, in particular, rights to intellectual property, violated. They argue that such legislative changes take away the essence of their hard-earned IP rights and should not be permissible. They point out that the CJEU is allegedly redefining the “essence” of fundamental rights and its function in the system of limitations and developing a set of core inviolable rights.https://www.cambridge.org/core/product/identifier/S2071832219000658/type/journal_articleIntellectual propertyessencehuman rightsArticle 17(2)EU Charter |
| spellingShingle | Martin Husovec The Essence of Intellectual Property Rights Under Article 17(2) of the EU Charter German Law Journal Intellectual property essence human rights Article 17(2) EU Charter |
| title | The Essence of Intellectual Property Rights Under Article 17(2) of the EU Charter |
| title_full | The Essence of Intellectual Property Rights Under Article 17(2) of the EU Charter |
| title_fullStr | The Essence of Intellectual Property Rights Under Article 17(2) of the EU Charter |
| title_full_unstemmed | The Essence of Intellectual Property Rights Under Article 17(2) of the EU Charter |
| title_short | The Essence of Intellectual Property Rights Under Article 17(2) of the EU Charter |
| title_sort | essence of intellectual property rights under article 17 2 of the eu charter |
| topic | Intellectual property essence human rights Article 17(2) EU Charter |
| url | https://www.cambridge.org/core/product/identifier/S2071832219000658/type/journal_article |
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