The protection of intellectual property in the jurisprudence of the European Convention on Human Rights Cover Image

La protection de la propriété intellectuelle dans le système de la Convention EDH
The protection of intellectual property in the jurisprudence of the European Convention on Human Rights

Author(s): Elena Lazăr
Subject(s): Politics / Political Sciences, Social Sciences, Law, Constitution, Jurisprudence
Published by: Centrul de Studii Internationale
Keywords: intellectual property; European Convention on Human Rights; Additional Protocol no. 1; European Court of Human Rights

Summary/Abstract: Intellectual property, a fairly recent right if we look at the small number of requests brought before the European Court until the ’90s, is protected by the European Convention on Human Rights through article 1 of the Additional Protocol no. 1, as a type of « possession », as well as article 10, but only on a subsidiary basis. I use the term « subsidiary » because the European Court judge makes an analysis of the competing interests involved in order to establish which limitations are justified.

  • Issue Year: 11/2015
  • Issue No: 4
  • Page Range: 59-63
  • Page Count: 5
  • Language: French
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