Compensation for Damage Caused by Crimes related to the use of the Objects of Intellectual Property Rights in the IT-Sphere: ECTHR Practice

  • Pavlo Voitovych, Ruslan Ennan, Vladlena Voloshyna, Mykola Matiiko, Vadym Popeliuk

Abstract

Ensuring effective protection of the rights and legitimate interests of participants in legal relations in the field of IT is an important task of legal regulation. The level of development of measures of influence on violators of intellectual property rights and development of the practice of application of such measures indicates the status of observance of these rights, the range of potential risks and possible ways of their elimination. On this background, it is important to review the case-law of the European Court of Human Rights for redress for damage caused by criminal offenses related to the use of the objects of intellectual property rights in the field of IT and its application by national judicial authorities. The purpose of this paper is to analyze the case-law of the ECtHR for redress for the damage caused by crimes related to the use of the objects of intellectual property rights in the field of IT. The object of the study is the public relations arising from litigation by the ECtHR on compensation for damage caused by crimes related to the use of the objects of intellectual property rights in the field of IT, and the subject of the study is the case-law of the ECtHR on this issue. The research methodology consists of such research methods as induction and deduction methods, analysis method, synthesis method, as well as historical method, system method, modeling and abstraction methods, and comparative-legal method. The study analyzes the ECtHR's practice of redressing the damage caused by crimes related to the use of the objects of intellectual property rights in the field of IT, examines the key positions of the ECtHR's practice in the Ukrainian courts.

Published
2020-05-09
Section
Articles