Protection of Results of the Creative Activity in the Charter of Fundamental Rights and Freedoms of the Czech Republic

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Authors

KOUKAL Pavel

Year of publication 2021
Type Chapter of a book
MU Faculty or unit

Faculty of Law

Citation
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Description This paper focuses on the analysis of the constitutional protection of creative results in the Czech constitutional order. The author pays his attention especially to the interpretation of Art. 34 (1) of the Charter of Fundamental Rights and Freedoms of the Czech Republic and explains why this provision should be considered as a “mosaic constitutional principle,” which is a conjunction of competing constitutional principles (mainly the property protection, personality protection, freedom of artistic expression). The author also explains why we should interpret the Art. 34 (1) of the Charter of Fundamental Rights and Freedoms of the Czech Republic in the context of personhood not the utilitarian theory of the intellectual property protection
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