Der Schutz von Persönlichkeitsrechten im Strafrecht des geistigen Eigentums

Abstract

The thesis deals with the often neglected criminal law protection of moral and personality law in the field of intellectual property. Due to the increasing influence of digitalisation and economisation, more unanswered questions arise regarding the protection of personality and moral rights, philosophy of law, and aspects of civil, constitutional and criminal law. A special focus is given to Article 103 (2) of the German Constitution. Particular emphasis is placed on the principle of clarity and definiteness in criminal law, the development of a new legal test, and on the problem whether the so-called „Rechtsgutslehre“ [doctrine on legally protected rights] can be found in constitutional law. A catalogue of measures concludes the analysis. The latter is meant to increase the protection of moral and personality rights in order to prevent the relativisation of the protection and of the principle of clarity and definiteness.