This article examines the legal regulation of the right to medical images as a significant aspect of intellectual property law and privacy rights. The research provides a comprehensive analysis of different approaches to interpreting the concept of «medical image» within legal frameworks, exploring its multifaceted nature that encompasses both economic and moral dimensions. The study investigates the subjective aspect, focusing on individual consent for image use, and the objective aspect, which recognizes the image itself as an intellectual property object. The article addresses critical issues related to the unauthorized commercialization of medical images and analyzes how this practice conflicts with privacy rights, especially in the digital environment where reproduction and distribution of images have become increasingly accessible. Particular attention is devoted to the challenges of balancing freedom of expression with privacy protection, which remains a contentious area in modern jurisprudence, especially concerning public figures whose images may be used for commercial purposes without prior consent. The research examines international legal mechanisms that govern the right to medical images, including provisions from the European Convention on Human Rights, the UN Charter, and various national legislative frameworks. These mechanisms create the foundation for harmonizing legal standards across different jurisdictions, although significant challenges remain in ensuring consistent implementation. In the context of medical imaging, the article highlights the ethical principles that should underpin the use of patient images, emphasizing informed consent as the cornerstone of ethical practice. It also explores the technological aspects of protecting medical images through encryption, access control, and regular system audits to prevent unauthorized access. The study addresses the significant disparities in access to medical imaging technologies between high-income and low-income countries, noting how these disparities affect healthcare outcomes and exacerbate existing inequalities. The article suggests that improving access to medical imaging requires not only technological solutions but also political will and international cooperation. The research concludes by proposing the development of effective legal and technological mechanisms that can reconcile the interests of image owners with societal needs for medical advancement. These proposals include enhancing licensing systems, implementing electronic databases of image rights, strengthening sanctions for violations, and promoting international cooperation to harmonize legal standards. The article emphasizes that only a comprehensive approach that integrates ethical, legal, and technological components can ensure adequate protection of the right to medical images while facilitating the development of healthcare systems globally.
Olena Ponomarova (Sun,) studied this question.