74
Furthermore, Chapter II provides that the original holder of said rights is the author
of the works, who will be deemed to be the person mentioned in the copy which has
been registered.
105. As it has been proven, besides the erasure of the electronic information related
to the book whose text was stored in two computers, sixteen copies of the book, one
diskette containing its full text, three packs with five books each, three packs
containing an indefinite number of sheets in excess of those used for the publication of
the book, and envelopes containing the electrostatic masters used for the publication
and the original text of the book, were seized from Ateli Limitada publishing company,
while 874 copies of the book were seized from Mr. Palamara-Iribarne’s house (supra
paras. 63(19) and 63(20)). On June 7, 1996 the Clerk of the Naval Court of
Magallanes verified the existence of the material seized and issued a record
accordingly.
106. The acts mentioned in the foregoing paragraph implied the actual deprivation
of the property of Mr. Palamara-Iribarne’s tangible assets related to his book. Such
deprivation of Mr. Palamara-Iribarne’s property rights over his works prevented him
from publishing, disseminating, and marketing his creation, whereby he could neither
obtain any economic proceeds from its publication nor benefit from the protection he
was entitled to have over his works. It is evident that the book was registered by Mr.
Palamara-Iribarne’s wife before two offices with the purpose of using and enjoying
the related intellectual property rights. Such rights are susceptible of having value
and were part of the author’s assets.
107. Furthermore, the erasure of the electronic information regarding the book
prevented Mr. Palamara-Iribarne from modifying, reusing, or updating its contents,
in case he wished to do so. In this regard, the Court deems that the contents of the
intellectual property rights which protect the use, authorship, and integrity of the
works, and whose exercise includes the right to disseminate the creation, are closely
related to the two dimensions of the right to freedom of thought and freedom of
expression (supra para. 69).
108. The Court notes that the right to property is not an absolute one and that
Article 21(2) of the Convention states that for the deprivation of a person’s property
to be in keeping with the right to property as enshrined in the Convention, it must be
based on reasons of public utility or social interest, subject to payment of just
compensation, and restricted to the cases and the forms established by law.187 In
view of the circumstances of the instant case, the Court considers that it is evident
that Mr. Palamara-Iribarne has not been awarded compensation by the State for the
deprivation of the use and enjoyment of his property.
109. The Court notes that in the expert opinion requested by the Naval Prosecutor in
Case No. 464 (supra para. 63(24)), two expert witnesses concluded that the book
written by Mr. Palamara-Iribarne “did not brea[ch] the reserve and security of the
Chilean Navy.” Furthermore, in the supplementary report to such expert opinion, the
187
Cf. Case of the Indigenous Community Yakye Axa , supra note 5, paras. 145 and 148; and Case of
Ivcher-Bronstein, supra note 173, para. 128.
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