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Intellectual Property is a Human Right in Europe
Prof Dr Christian Donle, attorney at Preu Bohlig & Partner, Berlin
Byby Prof Dr Christian DonleOn December 1st, 2009 the Treaty of Lisbon became valid as the basic EU set of rules. Remarkably, the Treaty of Lisbon contains a Charter of Human Rights compulsory for all Member States of the European Union and all national or European Courts.
Among this Charter of Human Rights Art. 17 protects the right to property. Everyone has the right, to own, use and dispose of his or her possessions. No one maybe deprived of his or her possessions except in the public interest.
According to Art. 17 (2) “intellectual property shall be protected.”
This is the first time in the European history, that intellectual property is explicitly protected by a human rights charter.
According to the explanations to the Human Rights Charter the protection of intellectual property has explicitly been mentioned because of its “growing importance”. The guarantees laid down in Art. 17 (1) shall apply also to intellectual property. This leads to a guarantee to own, use and dispose off any sort of intellectual property like copyrights, trademarks and patents. No one maybe deprived of his or her intellectual property except in the public interest and in the cases and under the conditions provided for by law.
Art. 17 (2) of the European Human Rights Charter is a far reaching guarantee of the protection of inter alia copyrights and other IPR.
Prof. Dr. Christian Donle is attorney at Preu Bohlig & Partner, Berlin
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