ABSTRACT

This chapter introduces some thoughts and insights about the application of the law of balancing in cyberspace, the code of legal culture structure and the lex-net and ius-net programs. International Covenant on Economic, Social and Cultural Rights (ICESCR) that primarily encompasses the right to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which she or he is the author and the right to take part in cultural life. Also the right to information and expression is relevant. This is the responsibility of the state compliance with the ICESCR. The ICESCR firmly distinguishes between intellectual property rights and human rights, putting them in contrast and pointing out that intellectual property rights are only means by which states parties seek to provide incentives for creativity and inventiveness, encouraging dissemination of creative and innovative intellectual productions and preserving the integrity of such productions for the benefit of society as a whole.