Book contents
- Intellectual Property and the Human Rights of Companies in Europe
- Intellectual Property and the Human Rights of Companies in Europe
- Copyright page
- Contents
- Acknowledgements
- Table of Cited Cases
- Abbreviations
- Introduction
- 1 The Foundations of Human Rights and Property Rights
- 2 First Protocol
- 3 Legal Persons and Legal Fictions
- 4 Intellectual Property as Fictitious Possessions
- 5 Companies as Victims of Violations of A1P1
- 6 Intellectual Property Rights in the Balance
- Conclusion
- Bibliography
- Index
4 - Intellectual Property as Fictitious Possessions
Published online by Cambridge University Press: 07 August 2025
Book contents
- Intellectual Property and the Human Rights of Companies in Europe
- Intellectual Property and the Human Rights of Companies in Europe
- Copyright page
- Contents
- Acknowledgements
- Table of Cited Cases
- Abbreviations
- Introduction
- 1 The Foundations of Human Rights and Property Rights
- 2 First Protocol
- 3 Legal Persons and Legal Fictions
- 4 Intellectual Property as Fictitious Possessions
- 5 Companies as Victims of Violations of A1P1
- 6 Intellectual Property Rights in the Balance
- Conclusion
- Bibliography
- Index
Summary
As shown in Chapter 2, those in favour of including property rights in the ECHR argued that a home and minimum of personal belongings are required to facilitate development of the human personality. In ordinary language, ‘possessions’ include home and personal belongings such as furniture and clothes. This chapter shows that, by contrast, the term ‘possessions’ in law has a much wider technical meaning. Like fictitious ‘legal persons’ , ‘intangible possessions’ were legal fictions in civil and common law systems in Europe to accommodate shares, debts, securities and intellectual property as fictitious commodities. The analysis reveals the profound disconnect between the wide meaning and legal reach of the terms ‘possessions’/’biens’ in A1P1 and the moral discourse which prompted the inclusion of property rights in the ECHR.The obfuscation between the ordinary and technical legal meaning of ‘possessions’, combined with the assignment of human rights to legal persons in A1P1, completed a virtuous fictitious legal circle, facilitating transnational, protection of companies’ intangible assets, profits and intellectual property by a supranational human rights court in Europe.
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- Publisher: Cambridge University PressPrint publication year: 2025
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