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Journal of Intellectual Property Law & Practice Advance Access originally published online on February 7, 2006
Journal of Intellectual Property Law & Practice 2006 1(4):240-242; doi:10.1093/jiplp/jpl012
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Published by Oxford University Press. All rights reserved.

Current Intelligence

Trade marks are ‘possessions’—but applications are not (yet)

Goebel Burkhart
Lovells, Madrid

In its decision of 11 October 2005 the European Court of Human Rights (ECHR) ruled that a registered trade mark was a ‘possession’ within the meaning of Article 1 of the First Protocol to the European Convention on Human Rights. The ECHR failed, however, to extend this level of protection to the particular trade mark application at issue, thereby leaving the protection of intellectual property rights as fundamental rights somewhat incomplete for the time being.


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