73
Servicios de Inteligencia” (Ethics and Intelligence Services). Furthermore, as it
results from the facts proven in the instant case, Mr. Palamara funded the
publication of his book with the proceeds from the business belonging to his wife,
Anne Ellen Stewart-Orlandini, who registered it before the U.S. Copyright Office of
the United States Congress, as well as before the Biblioteca Nacional de Chile
(National Library of Chile), in order to protect his property rights both in the country
and abroad (supra para. 63(5)).
*
*
*
102. Pursuant to the case law developed by the Court, the concept of property is a
broad one and comprises, among other aspects, the use and enjoyment of
“property,” defined as those material objects which are susceptible of being
possessed, as well as any rights which may be part of a person’s assets. Such
concept includes all movables and immovables, and all tangible and intangible
assets, as well as any other property susceptible of having value.185 Thus, within the
broad concept of “assets” whose use and enjoyment are protected by the Convention
are also the works resulting from the intellectual creation of a person, who, as the
author of such works, acquires thereupon the property rights related to the use and
enjoyment thereof.
103. The protection of the use and enjoyment of a person’s works, grants the author
rights which have both tangible and intangible aspects. The tangible dimension of
such property rights includes, among other aspects, the publication, exploitation,
assignment, or transfer of the works, while the intangible dimension of such rights is
related to the safeguard of the authorship of the works and the protection of the
integrity thereof. The intangible dimension is the link between the creator and the
works, which extends over time. The exercise of both the tangible dimension and the
intangible dimension of property rights is susceptible of having value and becomes
part of a person’s assets. Therefore, the use and enjoyment of intellectual works is
also protected by Article 21 of the American Convention.
104. Besides the Convention, various international instruments and agreements
recognize property rights,186 which in Chile are regulated by Law. No. 17.336 on
Intellectual Property Rights, as well as by Law No. 19.912, wherein it is stated that
the Chilean legislation has been adapted to the agreements signed by the State of
Chile and the World Trade Organization. Article 1 of the former sets forth, inter alia,
that intellectual property rights comprise both pecuniary and non-pecuniary rights,
which protect the use and enjoyment, authorship, and integrity of the works.
185
Cf. Case of the Indigenous Community Yakye Axa , supra note 5, para. 137; Case of the Moiwana
Community. Judgment of June 15, 2005. Series C No. 124, para. 129; and Case of the Mayagna (Sumo)
Awas Tingni Community. Judgment of August 31, 2001. Series C No. 79, para. 144.
186
Cf. Article 27(2) of the Universal Declaration of Human Rights of 1948; Universal Copyright
Convention; Article 2 of the Berne Convention for the Protection of Literary and Artistic Works; Article 15
of the International Covenant on Economic, Social, and Cultural Rights; Article 6, subparagraph 1 of the
Treaty of the World Intellectual Property Organization on Intellectual Property Rights; and WTO
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
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