Modern Jurisprudence and Law

Modern Jurisprudence and Law

Jurisprudential and legal study of the nature of the relationship between the creator and the intellectual phenomenon

Document Type : Original Article

Author
karmand
10.22034/jml.2024.558202.1181
Abstract
The idea of the nature of the relationship between the creator and the intellectual phenomenon and the nature of their legal effects is one of the important topics among the intellectual property issues. In this article, while explaining the nature of the right of ownership of intellectual works, different points of view have been examined. This investigation is done from two legal and jurisprudential perspectives and the explanation of this relationship can be investigated in two ways. First, the general examination of the relationship, in the sense of how intellectual property is placed under the right, and the second stage is the examination of the specific legal title that is applied to this relationship. To analyze the content, first the words of right and property, which express the relationship between a person and someone or something, have been examined, and then the relationship between the creator and the intellectual phenomenon. According to the findings of the research regarding the nature of the relationship between the creator and the intellectual phenomenon, based on jurisprudence, the holy law considers ownership as the right to benefit from the object and its exchange, and the legislator has in a way approved this point of view.
Keywords

Subjects



Articles in Press, Accepted Manuscript
Available Online from 30 September 2024