Summary

Article 39 of the Constitution of the Republic of Estonia of 1992 reads: “Authors shall have the inalienable right to their creation. The State protects the rights of the author“. The term “inalienable right“ in this context causes some problems. The author of the article raises a question: is there a controvercy between Article 39 of the Constitution and the provisions of the Copyright Law (1992), Trade Mark Law (1992), Patent Law (1994) and Utility Models Law (1994)? At these laws give right owner a possibility to assign (transfer) certain intellectual property rights in full while some of the laws establish a possibility of the compulsory transfer of certain intellectual property rights. In conclusion the author shows four possible ways for overcoming the controversy.