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5 - Companies as Victims of Violations of A1P1

Published online by Cambridge University Press:  07 August 2025

Aurora Plomer
Affiliation:
University of Bristol
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Summary

This chapter reviews the Commission and Court’s case law on the application of A1P1 to intellectual property claims in light of the previous findings. It was not until the early 1980s that the first claims relating to IPRs were filed. A detailed analysis of the case law reveals how, by then, the Commission and Court had no difficulty in hearing complaints from multinational global corporations claiming to be victims of State violations of their right to enjoyment of possessions. Initial judicial deference to European domestic laws facilitated the anchoring of national legal fictionsinto the supranationallegal order of the ECHR, laying the ground for transnational protection of companies’ IPRs. The Court’s tilt away from the original moral intent of A1P1 later intensified in a series of landmark cases on patents, trademarks and copyright in which the Court adopted an autonomous reading A1P1 in line with European Union law,consolidating and deepening a liberal economic reading.

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