Comments on the jurisprudence of the Constitutional Court of the Czech Republic on copyright
Comments on the jurisprudence of the Constitutional Court of the Czech Republic on copyright

Author(s): Martin Boháček
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Court case
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: copyright; constitutional protection of copyright; case law of the Constitutional Court of the Czech Republic; concept of constitutional protection of copyright in the Czech Republic;
Summary/Abstract: This paper focuses on the analysis of the application of the principles and provisions of constitutional law to the area of copyright in selected case law of the Constitutional Court of the Czech Republic and confirms their general importance, which manifested itself in the problems of legislation and case law during the Covid-19 pandemic. The starting point is to identify the principles and individual provisions of the constitutional law of the Czech Republic applicable to the protection of intangible objects of copyright, in particular the provisions of Art. 34, (1) Charter of Fundamental Rights and Freedoms of the Czech Republic on the protection of the results of creative intellectual activity. The aim is to find out how the Constitutional Court resolves conflicts between individual constitutional rights when they are infringed. Further goal is to consider the concept of constitutional protection of this field in the Czech Republic to compare with the concept of constitutional EU law and with international law. This will be done using the method of analysis and legal comparison.

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