@article{42090,
      author = {Speriusi-Vlad, Alin},
      url = {http://tind.wipo.int/record/42090},
      title = {General Guidelines Concerning the Relation International  Intellectual Property Business versus Human Rights and  Civil Liberties},
      abstract = {Today, the intellectual property protection is no longer  an absolute social and legal that justifies adoption of any  measures necessary to protect it. Initially seen as the  prerequisite for sustainable development, implementation of  new technologies, and encouragement of international trade,  the intellectual property, especially prior to ACTA  (Anti-Counterfeiting Trade Agreement) international trial  implementation, and also thereafter, was increasingly  identified as a source of violation of fundamental rights  and civil liberties, i.e. the right to protection of  personal data, the right to privacy, freedom to send and  receive information freedom of information, freedom to  contract, and freedom to carry out economic activities  (freedom of commerce). As far as international trade  transactions have often a component of intellectual  property that requires to be protected, it is necessary to  identify the landmarks, the rules establishing de facto  limits in order to protect the intellectual property  without risk of infringement of fundamental rights and  civil liberties of other persons, in particular users or  potential users of goods and services incorporating  intellectual property. The best guidelines in this regard  may be provided by the CJEU (Court of Justice of the  European Union) case-law both due to its reasoning  underlying the decision of the Parliament to reject ACTA  ratification and the fact that the case-law of this Court,  especially the most recent one, is highly complex and  nuanced, not denying in any way the importance of  intellectual property, and identifying certain cases where  their primacy persist and whose analysis leads to laying  down some general rules in the field.},
      recid = {42090},
      pages = {1150 pages},
}