A propriedade intelectual na visão da Corte Européia de Direitos Humanos

Abstract

The study consisted of five shares. The first dealt with the rise of intellectual property and its development in light of the international legal framework, particularly Europe. The second share was a research on the exceptions to the exclusivity of protection of intellectual property, such as compulsory licensing, parallel imports, the exhaustion of rights, revocation and termination, except to serve and except for research, and on the transfer of object of intellectual property to third parties with your consent, such as technology transfer. In the third section, discuss the possibility of state action to mitigate the imperfections of markets engendered by the monopoly of economic activity, represented by the exclusive use of the object of protection of intellectual property by the rights holder. In the fourth section, we in the multilateral context, global, postmodern, plurality of law, sovereignty of states with relativized, that protection of intellectual property is embedded world. In the final part will discuss the legal framework of the European Union, principally on the three paradigms that are emerging in the European Court of Human Rights in respect of disputes relating to property intellectual: the rule of law paradigm, the enforcement paradigm and the intellectual property balancing paradigm.