Human Rights and Intellectual Property Before the European Courts: A Case Commentary on the Court of Justice of the European Union and the European Court of Human Rights

This unique reference work serves as a comprehensive guide to how Europe’s top courts – the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) – address the intersection of intellectual property (IP) and human rights. It traces the evolution of the courts’ jurisprudence in these fields and explores how human and fundamental rights including freedom of expression, right to property, freedom to conduct a business, privacy, and the right to a fair trial can influence copyright, trademarks, patents, and other IP rights.

Key Features:

• Over 200 cases analysed, many previously overlooked or untranslated, enabling new lines of academic inquiry
• Supports informed policy development that balances innovation, commercial interests, and fundamental rights, while proactively identifying and addressing legal risks in public regulation
• Presents practical guidance and legal reasoning for handling IP cases involving human rights claims, acting as a guide to precedent from the CJEU and ECtHR
• Side-by-side analysis of both European courts with thorough cross-referencing and an extensive study of relevant case law from 1952 to 2025, to provide a clear view of European courts’ evolving approach.

This in-depth Commentary is a vital resource for legal practitioners, researchers and policymakers in European law, human rights, and intellectual property law. NGOs and civil society organizations will also benefit from its tools for building rights-based arguments.

Elena Izyumenko, Assistant Professor of Intellectual Property Law, Institute for Information Law (IViR), Amsterdam Law School, University of Amsterdam, The Netherlands and Christophe Geiger, Full Professor of Law and Director of the Innovation Law and Ethics Observatory (ILEO), Luiss University, Italy