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United Kingdom
Safarov v Azerbaijan: ECtHR holds national courts’ failure to provide effective copyright remedies breaches A1P1 ECHR; states owe positive obligations in private IP disputes
Published on: 29 September 2022
Published by a LexisNexis IP expertLegal News
Article summary
Safarov v Azerbaijan 885/12 What are the practical implications of this case?
In its ruling, the ECtHR held that where domestic courts fail to secure effective protection of intellectual property, there is a breach of human rights—specifically, the right to the peaceful enjoyment of possessions under Article 1 of Protocol No 1 to the ECHR. As to the damages claim grounded in IP rights, the outcome amounts to little more than a Pyrrhic success for the applicant, since the Court granted only a small slice of the sum he had initially sought. Nevertheless, the judgment underscores that copyright violations constitute a deprivation of property and therefore engage human rights. It foregrounds the European human rights architecture for IP and demonstrates the weight IP holds within it. The ECtHR also clarified that states must adopt appropriate steps to safeguard IP even in conflicts between private actors. A human rights violation arises not only where a state fails altogether to afford sufficient IP protection, but equally where national IP law is interpreted or applied in an arbitrary and unlawful manner by the competent judicial authorities in question at the material time. In this judgment, the ECtHR stepped in and found against the...
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