| Abstract [eng] |
Personal use of intellectual property: problems of protection of creators’ personal non-property rights Intellectual property is an integral part of modern economic development and innovation, its positive impact is recognized on technological innovation, advancement and commercial relationships. Developments of new business models and technologies are accordingly related to the emergence of new intellectual property objects, as well as the need for their legal protection and its strengthening, the change in legal regulation of protection of intellectual property. Modern technology inevitably transfers intellectual property objects into the digital space, what makes them easily accessible to any user in the world, easily modified, reproduced or copied and used in order to satisfy their personal purposes. Nowadays, intellectual property objects have become a mass commodity, constantly highlighting their commercial nature, the importance of creator property interests, thus ignoring the importance of creators' personal non-property rights and the fact that according to XXI century technological possibilities, intellectual property rights holders can also be harmed by the use of their works for private purposes. Against this background, the first part of the Master's thesis aims to analyse the importance of intellectual property rights holders' non-property rights, their understanding and interpretation in countries of different legal traditions. Considering the widespread international use of intellectual property objects, it is important to understand the fundamental differences in the scope and valuation of rights between countries and the reasons of those differences. In the second part of the Master's thesis the relationship between the protection of non-property rights of the holders of intellectual property and the public interest in the use of intellectual property objects for private purposes is analysed. Also, balance among the freedoms and rights granted to society is discussed. The third part of the work essentially correlates with the fourth. In particular, there are identified some major technological changes which may pose problems for the proper protection of intellectual property owners non-property rights. Below, the problems that arise or may arise when using these technologies for the personal use of intellectual property objects are explained. Finally, after considering all the above mentioned aspects, this Master’s thesis is seeking for possible ways to find a balance of different interests. |
