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Intellectual Property

Intellectual property is called the absolute and exclusive right that an intellectual creator has on his achievement.  Intellectual Property Law aims at the protection of intellectual property of creators during the use and reproduction of their work.

Intellectual property or copyright exists in every aspect of everyday life and human relation. It exists in literature, arts and science, such as books, theatre plays, cinema, sculpture and painting, photography and illustrations, musical compositions and many more creations. Other intellectual products such as software and database of the personal computer are also protected by the intellectual property law clauses.

Intellectual property only protects the original works and it is acquired as of right upon creation of the work without requiring any further action by the creator or registration of the work in any service. Any original work is protected independently from its real, scientific, and artistic value.

The intellectual property comprises a. the right of exploiting work (property rights/material benefits) and b. the right of protecting the bond between the creator and his work (moral right):

a. property right: It gives the right to the creator to exploit its own creation and draw any financial advantage. The intellectual creator has the power to transfer, but also  assign the management of his property right to a third party either  natural person or legal entity.

b. moral right: is the right that attributes the special nature of law of intellectual property. If forms the special manifestation of the personality’s right (Civil Code article 57) and includes the moral bond between the creator and his work, which is the product of their intellect. The moral right is a right in person, nontransferable, may be directed against any third party and remains with the creator even after the property right has been transferred.

 

Special topics:

Registration of an international trademark