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"Re-writing the treaties with precedent: Intellectual property rights and EU law"

McCown, Margaret. (2003) "Re-writing the treaties with precedent: Intellectual property rights and EU law". In: UNSPECIFIED, Nashville, TN. (Unpublished)

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    Abstract

    Intellectual property rights disputes constitute one of the longest standing conflicts between the European Court of Justice and EU member states over the scope of ECJ authority. Although the treaties explicitly reserve to member states the right to maintain copyright and patent regimes, by the early 1970s the European Court of justice had begun delivering pro-integrative decisions in such disputes. These judgments eliminated or re-wrote national regulations and contravened the explicit intentions of the treaties; it is unsurprising that their legitimacy was constantly challenged by member states. This paper examines why it was, however, that member states were unable to effectively challenge the Court's decisions and how the ECJ developed an extensive and nuanced set of EU Level rules, governing traders' intellectual property rights. This paper shows the importance of (1) private litigants' strategies of intensive repeated litigation and (2) the ECJ's move to precedent based decision making in the 1970s to its capacity to contravene member state preferences.

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    Item Type: Conference or Workshop Item (UNSPECIFIED)
    Uncontrolled Keywords: Copyright; intellectual property.
    Subjects for non-EU documents: EU policies and themes > Policies & related activities > law & legal affairs-general (includes international law)
    EU policies and themes > EU institutions & developments > institutional development/policy > historical development of EC (pre-1986)
    EU policies and themes > Policies & related activities > intellectual property
    EU policies and themes > EU institutions & developments > European Court of Justice/Court of First Instance
    Subjects for EU documents: UNSPECIFIED
    EU Series: UNSPECIFIED
    ["eprint_fieldname_eusries" not defined]: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Conference: European Union Studies Association (EUSA) > Biennial Conference > 2003 (8th), March 27-29, 2003
    Depositing User: Phil Wilkin
    Official EU Document: No
    Language: English
    Date Deposited: 23 Feb 2005
    Page Range: p. 23
    Last Modified: 15 Feb 2011 17:24
    URI: http://aei.pitt.edu/id/eprint/2894

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