Szellemi alkotások a magyar Alkotmány és az új Alaptörvény tükrében

Due to the lack of constitutional provisions concerning the protection of intellectual properties or the creators’ rights, the aim of this paper is to look for those fundamental rights from which the special rights attaching to intellectual properties can be deduced. In connection with the characteristics of this area of law, that is, the creator (or other entitled person) is entitled to both personal rights and property rights in connection with intellectual properties, our research presents both groups of rights, with the intention of providing a comprehensive image. With the aid of the practices of the Hungarian Constitutional Court and the relating legal works, it is determined that property rights originating from intellectual properties are involved in the protection scope of rights of ownership, while the personal rights of the creators of artistic, scientific, literary and technological-technical works are protected in relation to rights of human dignity. After that, the further matching points between intellectual property and rights guaranteed in the Constitution will be pointed out; accordingly, the roots of the above mentioned rights origin from right to freedom of expression and the closely relating freedom of scientific and artistic life