MODELS OF APPROACH OF THE EUROPEAN COURT OF HUMAN RIGHTS TO THE INTELLECTUAL PROPERTY PROTECTION DISPUTES Cover Image

MODELS OF APPROACH OF THE EUROPEAN COURT OF HUMAN RIGHTS TO THE INTELLECTUAL PROPERTY PROTECTION DISPUTES
MODELS OF APPROACH OF THE EUROPEAN COURT OF HUMAN RIGHTS TO THE INTELLECTUAL PROPERTY PROTECTION DISPUTES

Author(s): Jelena Ristik
Subject(s): Civil Law, Human Rights and Humanitarian Law, Politics and law
Published by: Институт за социолошки и политичко-правни истражувања
Keywords: human rights; intellectual property; right to property; European Court of Human Rights; European Convention on Human Rights;

Summary/Abstract: Human rights play an increasingly important role in the protection of intellectual property rights in Europe, thus influencing various policies of innovation and creativity. Namely, the European Court of Human Rights has provided protection of intellectual property rights by adopting decisions that interpret the right to property, in relation to intellectual property protection claims. This paper has placed its focus on analysis of the jurisprudence of the European Court of Human Rights as regards the treatment of intellectual property rights. It concludes that there are three main models of approach of the European Court of Human Rights to the adjudication of intellectual property protection disputes and answers the question of what should be the role and approach of the Court in the protection of intellectual property rights.

  • Issue Year: XXXIX/2015
  • Issue No: 4
  • Page Range: 61-73
  • Page Count: 13
  • Language: English