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This paper presents a ‘concept-theoretic’ position on the relationship between law and morality in any legal system that includes respect for human rights as a fundamental principle of the legal validity of its rules. With European Union law (EU law) as its central focus, this concept-theoretic position is premised upon the adoption by the EU of fundamental principles, which include human rights. Therefore, given the current status of human rights within the EU, the jurisprudence of the Court of Justice of the European Union (CJEU), and, indeed, any EU law hence any EU Intellectual Property law (IP law)must be consistent with what follows logically and conceptually from the concept of a human right given by the UDHR.
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