In case filed against Portugal by Budweiser (U.S.), European Court of Human Rights rules that Portuguese courts had accorded fair treatment to contentions by Budweiser and its Czechoslovakian respondent as to which party was entitled to copyright protection of name “Budweiser” under Portuguese law and treaty with Czechoslovakia


In case filed against Portugal by Budweiser (U.S.), European Court of Human Rights rules that Portuguese courts had accorded fair treatment to contentions by Budweiser and its Czechoslovakian respondent as to which party was entitled to copyright protection of name “Budweiser” under Portuguese law and treaty with Czechoslovakia

On January 11 last, the European Court of Human Rights (ECHR) ruled against Budweiser (U.S.) (Applicant) on a copyright matter. The Court held, by 15 votes to two, that, in ruling against Applicant, the Portuguese courts did not breach Article 1 of Protocol 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms [312 U.N.T.S. 221, E.T.S. 5, in force Sept. 21, 1970, as amended.] Its key provision is that “Every natural or legal person is entitled to the enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.” The property right at issue here is the Applicant’s “Budweiser” trade mark.


Applicant had contended that, under international law, trade mark protection becomes effective as of the date on which its owner filed its application to register. Therefore, the 1986 copyright treaty between Portugal and Czechoslovakia, as construed by the Portuguese courts, had deprived it of that right without compensation, despite the fact that there had been no public‑interest grounds to justify affording copyright protection to a registered Appellation of Origin.

The Court’s Grand Chamber disagreed. It noted at the outset that intellectual property as such does enjoy the protection of Article 1. That provision also applies to applications for the registration of trade marks, including the application in the case before it. The Applicant did own a bundle of proprietary rights recognized by Portuguese law, although they were revocable under certain conditions.

The question before the Court, therefore, was whether the decision to apply the provisions of the 1986 treaty to an application for registration of a mark which Applicant had filed in 1981 constituted an interference with the Applicant’s right to the peaceful enjoyment of its possessions.

The Court noted that the Applicant’s main complaint was about the way in which the Portuguese courts had applied its domestic and treaty law. The Court recalled that the Convention limits its function to ruling on whether the decisions by Member State courts were flawed by arbitrariness or were otherwise clearly unreasonable; it is not to second‑guess the rulings of Member State courts which are interpreting domestic law.

Absent any arbitrariness or manifest unreasonableness, the ECHR could not call into question either the findings of the Portuguese Supreme Court in its judgment of January 23, 2001 or that court’s reading of the bilateral agreement with Czechoslovakia. In ruling on the conflicting arguments of two private parties over the right to use the name “Budweiser” as a trade mark or Appellation of Origin, the Portuguese Supreme Court had ruled against the Applicant based on the material it considered relevant and sufficient to resolve the dispute, after hearing representations from the interested parties.

Accordingly, the ECHR concluded that the Supreme Court’s judgment did not constitute unlawful interference with the Applicant’s right to the peaceful enjoyment of its possessions and, therefore, there had been no violation of Article 1 of Protocol No. 1. Two Judges wrote a joint concurring opinion, and two Judges filed a joint dissenting opinion.

Citation: Anheuser‑Busch Inc. v. Portugal (Grand Chamber judgment of January 11, 2007; European Court of Human Rights) (summary by Court Registry on Monday, March 12, 2007 at 22:54:14. (The Court’s judgments are accessible on its Internet site: http://www.echr.coe.int.)



**** Terik Hashmi is a business consultant serving businesses in the marketing realm. Among his clients are a medical service provider and an Online Reputation Management company. - Attorney Website at: https://terikhashmiattorney.com/ - Attorney Profile at: https://solomonlawguild.com/terik-hashmi%2C-esq# - Attorney News at https://attorneygazette.com/terik-hashmi%2C-consultant#eec97f53-49a0-4c94-869a-4847514cb694

Terik Hashmi, Attorney at Law, Legal Commentary

Seminar on Online Reputation Management (ORM) for Lawyers

Seminar on Online Reputation Management (ORM) for Lawyers in Washington, DC a success Online Reputation Management has become a cruci...