Document Type : Original Article
Authors
1
Department of Private Law, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran
2
Department of Private Law, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran
10.22133/mtlj.2024.414588.1242
Abstract
The idea and the initial plan are the result and creation of the human mind and his creative activities, in addition, those play a constructive role in the formation of intellectual creations in both literary & artistic and industrial fields. Although in a developed and just legal system, the protection of the idea seems necessary, but its protection in the framework of intellectual property law faces serious theoretical challenges. Not only is the idea out of the scope of protection of national and international intellectual property regulations, but theoretically, its protection and the granting of ownership monopoly to the creators of ideas cannot be justified and unchallenged. In this research, on the one hand, while examining the historical course of the importance and place of ideas in the formation and prosperity of the film and cinema industry of the United States, the necessity of supporting idea makers in order to encourage and expand creative activities is explained, and on the other hand, the impossibility of protection of idea by the intellectual property law is analyzed in the framework and approach of the three theories of Natural rights, the instrumentalist theory of intellectual property rights and the theory of economic analysis. Due to that necessity and this challenge, idea law was formed by the American judicial procedure, which supports the creators of ideas in a different form, apart from intellectual property law and without granting ownership monopoly.
Keywords
Main Subjects
)