Intellectual Property and the Human Right to a Healthy Environment external link

Verfassungsbooks, 2025, Berlin, ISBN: 9783565044535

Human rights, Intellectual property

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Balancing Intellectual Property Protection with the Human Right to a Healthy Environment: Internal and External Reconciliation Approaches download

Chapter in: E. Izyumenko (ed.), Intellectual Property and the Human Right to a Healthy Environment, Verfassungsbooks, 2025, Berlin, ISBN: 9783565044535

healthy environment, Human rights, Intellectual property

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Human Rights and Intellectual Property Before the European Courts: A Case Commentary on the Court of Justice of the European Union and the European Court of Human Rights external link

Izyumenko, E. & Geiger, C.
Edward Elgar Publishing, 2025

Abstract

Book forthcoming December 2025

Human rights, Intellectual property

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Intellectual Property and the Human Right to a Healthy Environment: An Introduction download

Chapter in: E. Izyumenko (ed.), Intellectual Property and the Human Right to a Healthy Environment, Verfassungsbooks, 2025, Berlin, pp: 9-19, ISBN: 9783565044535

Human rights, Intellectual property

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Freedom of expression and intellectual property external link

Geiger, C. & Izyumenko, E.
P. Torremans, I. Stamatoudi, P.K. Yu & J. Jutte (eds.), Encyclopedia of Intellectual Property Law, Edward Elgar Publishing, 2025, ISBN: 9781800886926

Freedom of expression, Intellectual property

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Fashion Upcycling: The Problem of Overlapping Intellectual Property Rights and How to Solve it external link

Heidi Härkönen and Péter Mezei (eds.), Cambridge Handbook on Intellectual Property and Upcycling, 2025, forthcoming, Cambridge University Press , 2025

Abstract

Fashion upcycling offers unprecedented opportunities for the sustainable reuse of clothing: using second-hand garments as raw materials for new creations, upcyclers can transform used pieces of clothing into new fashion products that may become even more sought-after than the source material. The productive reuse of garment components in upcycling projects is socially desirable in the light of the overarching policy goal to achieve environmental sustainability. However, the more individual fashion elements are protected by intellectual property (IP) rights, the more legal obstacles arise. Fashion items may enjoy cumulative copyright, industrial design and trademark protection. Accordingly, infringement claims may be based on multiple IP rights and upcyclers may have to rebut infringement arguments stemming from different IP domains. Seeking to pave the way for large-scale upcycling initiatives in the circular economy, it is crucial against this background to develop robust defences that are applicable across different protection regimes. To achieve this goal, the rules governing protection overlaps should be recalibrated. As a corollary of the cumulation of different IP rights, rightsholders should be obliged to keep intact the checks and balances of each individual protection regime involved. Following this approach, only the smallest common denominator of exclusive rights – the scope of protection after subtraction of all forms of permissible unauthorized use – remains available. If upcycling is permissible under an exception to exclusive rights or the exhaustion rule in one protection regime, the rightsholder is obliged to ensure that overlapping rights in other IP domains do not stifle this breathing space. Practically speaking, this leads to the universal applicability of a defence for upcycling across the different domains of IP law.

Fashion, Intellectual property

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The European Court of Human Rights and Intellectual Property: Still Waiting for the New Innovation Frontier? external link

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This article explores the influence of the European Court of Human Rights (ECtHR) on intellectual property (IP) law through human rights methodologies. While Professor Laurence Helfer, in his seminal article published in 2008, identified the ECtHR as an emerging innovation frontier in Europe, the extent to which this prediction has come to fruition might seem debatable. Notably, the jurisprudence of the Court of Justice of the European Union (CJEU), rather than that of the ECtHR, has largely dominated discussions on the intersection of IP and human rights in Europe. As such, this article seeks to analyse the ECtHR’s contribution to – and its actual impact on – the human rights-based adjudication of IP issues. After a short introduction (I), it begins by examining the possible reasons behind the relative obscurity of ECtHR decisions in the European IP law discourse (II). It then focuses on the Strasbourg Court’s contribution to the development of human rights-based IP adjudication, demonstrating that, despite the limited engagement of IP community with the ECtHR, its jurisprudence has played, and continues to play, a pivotal role in shaping European IP law norms (III). This influence is assessed by first exploring the ECtHR-developed approaches to resolving conflicts between IP protection and freedom of expression (III.1), followed by an examination of the Court’s recognition of IP rights as an integral part of the broader human right to property – an area that has seen considerable expansion, particularly in recent years (III.2). Based on this analysis, the article concludes that we are certainly not waiting anymore for the ECtHR to become a new innovation frontier – it has already become one, having formed itself as a significant, albeit often underappreciated, force in the European IP legal landscape, operating quietly but far more meaningfully than is commonly recognised (IV).

Freedom of expression, Human rights, Intellectual property

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Fashion Waste, Trade Mark Protection, and the Circular Economy: Towards a New Public Domain for Sustainable Reuse download

The Handbook of Fashion Law, Oxford University Press, 2025, Oxford, pp: 115–136, ISBN: 9780198938897

Abstract

Traditionally, the debate on trade mark law and the public domain has focused on the strategic use of trade mark law to artificially prolong exclusive rights after the expiry of protection in intellectual property systems with a limited term, and the grant of trade mark rights covering public domain material, such as cultural signs and traditional cultural expressions. While the glamorous world of fashion offers examples of protection term extension and public domain re-appropriation cases, the following analysis focuses on fashion reuse in the circular economy as a phenomenon that can be placed in a public domain context. Considering the urgent need for measures to enhance legal certainty for sustainable fashion reuse in the circular economy, the question arises whether the time has come to discuss a limitation of trade mark rights and a corresponding broadening of the public domain. More concretely, it seems tempting to establish a new public domain by giving second-hand and unsold fashion items the status of freely available resources for sustainable upcycling and reuse in the circular economy—even if these fashion items bear protected third-party brand insignia. Exploring options for the practical implementation of this new public domain space, the analysis will yield the insight that the termination of trade mark rights is beyond reach. Alternatively, however, lawmakers and judges could consider introducing a robust principle of free reuse that shields initiatives leading to the sustainable reuse of trade-marked fashion items effectively against allegations of trade mark infringement.

Fashion, Freedom of expression, Intellectual property, public domain, trade mark

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Intellectual Property and the Human Right to a Healthy Environment: An Introduction external link

Verfassungsblog, 2025

healthy environment, Human rights, Intellectual property

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Research Workshop Report: “The (Evolving) Human Right to a Healthy Environment: What Impact on Intellectual Property Laws?” external link

Meyermans-Spelmans, E. & Izyumenko, E.
Human Rights Here, 2025

Human rights, Intellectual property

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