Theory and practice of intellectual property
№ 6 / 2018

ISSN (Print) 2308-0361
ISSN (Online) 2519-2744

PDF (Ukrainian)

DOI: https://doi.org/10.33731/62018.162681

Published      2018-12-26

Limitation of intellectual property rights according to the case law of the European Court of Human Rights

Nataliia Blazhivska
Ukraine

Abstract
The purpose of our research is to identify the Limitationof intellectual property rights according to the case law of the ECHR, by the exampleof collision of intellectual property rights and the right to information. To achieve this goal, the following task has been set: to find out the conditions under which the right of intellectual property may be limited in favor of the right to information in accordance with ECHR case law. At a result of the research, we arrive at the following conclusions. The right to intellectual property, without being absolute, may be subject to limitation under the condition of collision with other subjective rights. Often, the intellectual property right enters into a conflict with the right to information, which is due to their legal nature, object and content. At the same time, restrictions on intellectual property rights provided for in the current legislation should be interpreted expanded in cases where it is necessary to ensure a balance with the right to information.

Keywords: intellectual property rights, case law of the European court of human rights, right to information