Harmonized Standards in the Public Domain? Better Not …

Harmonized Standards in the Public Domain? Better Not …

Journal article

1 online resource (pages 692–712)

This study critically examines the CJEU’s judgment in the case Public.Resource.Org, Inc., Right to Know CLG v European Commission on public access to harmonized standards. The study argues that these standards, as private documents held by the European Commission, are in principle subject to IP rights and should not be made unconditionally accessible for product safety or other sustainability-related purposes. The Court’s decision in this case reflects an overly permissive interpretation of the “overriding interest” concept under Art. 4(2) in fine of Regulation 1049/2001, deviating from established case law and raising competitive concerns. Determining whether an interest justifies the disclosure of an IP-protected EU institution document requires case-by-case assessments through a three-step test. This interest must be “public”, concrete, and “pressing”, without negating the underlying IP rights, while also adhering to the principle of proportionality.

Crossref

International Review of Intellectual Property Law & Competition Law ; IIC 2025, 56(4), 692 - 712

New York: Springer LINK, 2025.

English

CC BY 4.0

External Online Journals > International Review of Intellectual Property & Competition Law