Proprietatea intelectuală în jurisprudenţa Curţii Europene a Drepturilor Omului
Intellectual property in the case-law of the european court

Summary/Abstract: If the case-law on IP matters of the European Court of Justice and of the First Instance Court is relatively well-known and studied, the situation is different with regard to the jurisprudence of the other European Court, the European Court of Human Rights (ECtHR, the Court). The number of ECtHR cases on IP matters is not large, but one may note an increase in the last few years, including a Great Chamber judgment on a trademark issue. Given the supra-legislative status that the European Convention on Human Rights (the Convention) enjoys on the basis of the Romanian Constitution, the principles established in the case-law of the Court will influence domestic legislation and practice. This article provides a comprehensive analysis of the intellectual property case-law of the ECtHR. In the first part, I will make a short introduction regarding the ECtHR and the importance of its case-law for the Romanian Courts. In the second part I will provide an overview of the types of cases and problems which arose before the ECtHR with regard to IP matters. In the third part I will analyze the main institutions concerning the protection of the right to property, protected by the First Additional Protocol: the protection of „goods”, the interference and the conditions of the interference and the way they are applied to IP rights.

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