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Intellectual property and joint ownership

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Thesis

French

ID: <10670/1.8ituev>

Abstract

The present study is dealing with the comparison of the intellectual property and joint ownership notions, which disclose, despite the age difference (twenty seven centuries) all the wealth of their meeting.The reading of intellectual property through a distorting lens of the joint ownership definition, which is a combination of property rights on one thing only, allowed not only to observe the vigour of the institution, sanctioned by the 31th July of 1976 reform, but also to reveal many occasions for the intangibles which the intellectual creations are (works, patent, trademark…), to find in it a refuge. The collaborative work, both intellectual and materiel, being a creation process in extension, the joint ownership cannot be reduce anymore in a suffered situation, so bordered to the only hypothesis of succession.The reality of jointly-held intellectual property happens reinforced by the coherence of its implementation. The examination of the intellectual property exercise shows besides, the flexibility that the ubiquity of creation confer to the all system. The joint ownership of intellectual property authorise, in fact, a simultaneous utilisation of the creation, allowing the co-owners to free themselves from restrictive rules of the joint ownership, without derogating to them. It permits also to put into perspective the practical necessity, but not theoretical, to undertake the share in property.Far to be the origin of difficulties, joint ownership is in that way stabilised and redeemed in the favour of the participants to the creation.

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