General characteristics of protection of the intellectual property rights under the case law of the European court of human rights

Abstract

The purpose of our research is to provide a general description of the intellectual prop­erty rights protection under the case law of the European Court of Human Rights. To achieve this goal, the following tasks have been set: to establish the articles of the European Convention on Human Rights which, by their content, cover intellectual property rights; find out the conditions of protection of intellectual property rights under the case law of the European Court of Human Rights.At a result of the research, we arrive at the following conclusions. The protection undercase law of the European Court of Human Rights covers valuable interest of intellec­tual property (within the Article 1 of the First Protocol) and the personal non-property rights of the creator (in accordance with the Article 8 of the European Convention on Human Rights), as well as freedom of literary, artistic, scientific and technical creativi­ty (according to the Article 10 the European Convention on Human Rights).The analysis of the case law of the European Court of Human Rights shows at least two conditions for the protection of intellectual property rights. First, the existence of the right itself (in this case, the right to intellectual property is not recognized in cases where there is a «dispute over the interpretation and application of national legisla­tion», at the same time, the refusal to provide legal protection for results intellectual cre­ative activity may be considered an interference with the right of intellectual property). Second, intellectual property rights should be exercised within the scales and scopespre-scribed by law (for example, the issuance of a compulsory license aimed at preventing the abuse of a monopoly position).