Hacia una protección efectiva de la propiedad intelectual desde el Convenio Europeo de Derechos Humanos

Abstract

Since its formation in the middle of the last century, the Court of Strasbourg has forged a commonly accepted reputation as a dynamic element of the protection of human or fundamental rights. Thanks to their creative approach to the text of the Convention, the citizens of the signatory States today enjoy new rights and prerogatives which were unimaginable at the time of their signing, a distant 4 November 1950. It is easy to understand that this pretorian work has found an enabling environment in the digital environment, whose peculiar characteristics are often a challenge to the usual approach of the extension of the guarantees proper to the physical environment. On the contrary, greater strangeness raises the low level of development shown in the protection of intellectual property, in relation to those which, in reality, make up their most common injuries in our day: the making available for the unloading of protected works by private third parties. A situation that could be corrected in the light of two recent issues: the Safarov cases against Azerbaijan and Korotyuk against Ukraine