| Abstract [eng] |
Protection of Rights to Intellectual Property and Protection of Human Rights: Search of Balance The following master‘s thesis analyses the issues of the balance between the protection of intellectual property rights and human rights. In pursuance of disclosing the current coordination of distinct rights, the interrelation of intellectual property rights and human rights is being analysed. The relation is revealed within philosophical-theoretical approach, while analysing the conceptual justification of these institutes. The reached conclusion is that the conceptual differences of intellectual property rights and human rights do exist, and they do not allow equating these rights. The relation is exposed in sources of positive law as well, revealing that there exists uneven approach to intellectual property as a human right in different international human rights instruments. The questions of the interrelating manifestation of the protection of intellectual property rights and human rights, also coordination of these rights are being analysed in master's thesis. On the basis of the jurisprudence of the European region courts of human rights, the analysis focuses on the author’s rights and neighbouring rights institute and its relation with such fundamental natural human rights like the right to freedom of expression, right to information. The said relation is analysed in overall human rights system. Also, with comparative analysis, this relation is disclosed within the institute of internal limitations of author‘s rights and neighbouring subjects‘ rights. The issues of searching of balance in the overall system of human rights is also analysed in between the authors rights and neighbouring rights, and any others rights, such as the right to private life, the right to data protection, the right to do business. The relation with all the mentioned human rights is also analysed within the objects of industrial intellectual property, such as trademarks, patents, industrial design. Master‘s thesis reveals different relations between distinct human rights and the separate objects of intelectual property rights, and specifics of coordination in courts; also, the problematic aspects of coordination between rights are exposed. |
