CONSTITUTIONAL DIMENSION OF PATENT PROTECTION: BETWEEN PROPERTY RIGHTS AND PUBLIC INTEREST
CONSTITUTIONAL DIMENSION OF PATENT PROTECTION: BETWEEN PROPERTY RIGHTS AND PUBLIC INTEREST

Summary/Abstract: This paper analyzes the constitutional dimension of patent protection through the prism of fundamental tension between property rights and public interest. Patent law represents a complex legal institute that must simultaneously harmonize constitutionally guaranteed property rights of innovators with public interest for access to knowledge and technological progress. Through comparative analysis of constitutional systems and judicial practice, the paper examines how different constitutional traditions approach this challenge. Special attention is devoted to the principles of proportionality and legitimate expectation as constitutional criteria for assessing the balance between private and public interests. The research shows that contemporary constitutional orders develop sophisticated mechanisms for establishing equilibrium between encouraging innovation and ensuring public good, with a key role assigned to constitutional judicial review and the principle of sustainable development as an integrative factor. The analysis indicates the need for continuous reconceptualization of patent protection in the context of evolution of constitutional values and technological changes, especially in the areas of biotechnology, artificial intelligence, and global health crises.

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