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Licensed Unlicensed Requires Authentication Published by De Gruyter January 14, 2020

What’s in a Name? The Case for Protecting the Reputation of Businesses under Article 1 Protocol 1 of the European Convention on Human Rights

  • Peter Coe EMAIL logo and James Brown


This article approaches corporate reputation from an English law perspective. It argues that corporate reputation is at least as important as individual reputation, as it is not only vital for the health and prosperity of businesses themselves (whether large or small), but also for the communities within which they operate. Following analysis of conflicting jurisprudence from the European Court of Human Rights, which has led to a lack of clarity within English law, this paper contends that business reputation should be subsumed within the concept of property. Such an approach would then enable businesses to avail themselves of a positive right to the protection of reputation, as property, under Article 1 Protocol 1 of the European Convention of Human Rights.


The authors would like to thank JETL’s anonymous reviewers for their helpful comments on earlier drafts of this paper. The usual disclaimer applies.

Published Online: 2020-01-14
Published in Print: 2020-01-10

© 2019 Walter de Gruyter GmbH, Berlin/Boston

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