Publication details
Ústavněprávní limity ochrany „duševního majetku“ a práva vydavatelů tiskových publikací
| Title in English | Constitutional Limits of Protection of “Intellectual Property” and Rights of Publishers of Press Publications |
|---|---|
| Authors | |
| Year of publication | 2020 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Keywords | copyright; general freedom of action; protection of property; protection of press publications concerning online uses; European Court of Human Rights; freedom of expression |
| Description | The author analyzes the protection of rights to the results of creative intellectual activity [Article 34 (1) of the Charter of Fundamental Rights and Freedoms] and related protection of intellectual property enshrined in Article 11 (1) of the Charter of Fundamental Rights and Freedoms. In his paper, the author points out that the constitutionally guaranteed protection of property has its vertical and horizontal dimensions. While the vertical dimension rests in the protection of property against arbitrary interference by the state power, the horizontal dimension means that it must be clear to third parties what conduct is legally allowed or prohibited. This requires that property rights should be clearly defined in terms of their subject matter, content, and scope. The author further concludes that there must be a compelling reason for introducing new objects of intellectual property rights, such as press publications. In this area, the legislature is limited by the principle of general freedom of action and also freedom of expression. According to the author's view, the introduction of online publishing rights for publishers of press publications, as provided for in Articles 15 and 16 of Directive 2019/790/EU, will result in that any commercial act of reproduction of news articles will be subject to a license agreement which should be signed with publishers of press publications. This will interfere with the public debate on the Internet over current events of political, cultural, or social life. |
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