Prethodno priopćenje
CITIZENS' FUNDAMENTAL RIGHTS IN THE CONTEXT OF LEGAL PROTECTION OF INTELLECTUAL PROPERTY ON THE INTERNET
Dražen Dragičević
; Pravni fakultet, Sveučilište u Zagrebu, Zagreb, Hrvatska
Nina Gumzej
; Pravni fakultet, Sveučilište u Zagrebu, Zagreb, Hrvatska
Sažetak
Authors examine the relationship between rights of Internet access service users and intellectual property rights holders, under EU and Croatian law, in the context of private law protection of intellectual property violated on the Internet. Relevant violations committed by internet users consist of the disallowed sharing of work protected by intellectual property rights. Authors analyze the guarantees of fundamental rights that interconnect in relation to examined violations and in the course of private law protection of intellectual property, especially taking into account the case-law of the Court of Justice of the EU. They also point to distinctive features in the development of the right to personal data protection under EU law, and they discuss applicability of relevant EU and Croatian laws as regards the data relating to users of Internet access services, which include traffic data such as IP addresses. Results of research support the finding of existing delicate and complex relationship between stated rights and, consequently, authors conclude the paper with a cautionary note on the need to pay special attention during assessment and regulation of these questions in domestic law and practice.
Ključne riječi
Peer-to-peer; electronic communications; Internet access service user; intellectual property rights protection; personal data protection right
Hrčak ID:
122445
URI
Datum izdavanja:
30.3.2014.
Posjeta: 1.454 *