Cassiers, Vincent; Strowel, Alain --- "Intellectual property law made by the Court of Justice of the European Union" [2018] ELECD 910; in Geiger, Christophe; Nard, A. Craig; Seuba, Xavier (eds), "Intellectual Property and the Judiciary" (Edward Elgar Publishing, 2018) 175

Book Title: Intellectual Property and the Judiciary

Editor(s): Geiger, Christophe; Nard, A. Craig; Seuba, Xavier

Publisher: Edward Elgar Publishing

ISBN: 9781788113076

Section: Chapter 5

Section Title: Intellectual property law made by the Court of Justice of the European Union

Author(s): Cassiers, Vincent; Strowel, Alain

Number of pages: 32

Abstract/Description:

The Court of Justice of the European Union (CJEU) shapes intellectual property law by interpreting primary and secondary EU law, by identifying ‘autonomous concepts of EU law’, and by balancing intellectual property (IP) rights with fundamental rights and competition law. This leads to what could be called “CJEU-made law” for IP. The growing number and importance of cases brought before the CJEU and the need to have IP consistently interpreted and adequately fine-tuned require revisiting the working of the CJEU. One possible avenue would involve the creation of a specialized chamber for IP.