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Tříkrokový test a test proporcionality aneb o slepici a vejci
Title in English | Three-step Test and the Test of Proportionality: Chicken or the Egg Dillema |
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Authors | |
Year of publication | 2014 |
Type | Appeared in Conference without Proceedings |
MU Faculty or unit | |
Citation | |
Description | The presentation dealt with the issue of the limitations of copyright and limitations of fundamental human rights. The author concluded, that test of proporcionality prevails over the three-step test which is stipulated in the Art. 29 of the Czech Copyright Act. Furthermore, according to the proportionality test as is applied by the Czech Constitutional Court or the ECHR exceptions and limitations of the copyright can not be considered as exhaustive, but demonstrative. |