The legal nature of rights for new innovations ( Patents model ) A comparative study | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 15, Volume 12, Issue: 1 part 2, June 2022, Pages 1-17 PDF (1.02 M) | ||
| DOI: 10.37651/aujlps.2023.177052 | ||
| Author | ||
| Maan Abdulqader Ibrahim | ||
| Abstract | ||
| Since the inventor has the right to guarantee his exclusivity by exploiting his invention, the state grants him a patent that grants him this right; Therefore, the patent is the document that results in the emergence of the inventor’s rights over his innovation. The inventor’s right to monopolize the exploitation of his invention, meaning creating something new that did not exist before. Also, discovery in the eyes of the law is an innovation, which is the disclosure of something that exists but was not previously known so that no It can be proven to him just because he discovered a new invention, but it is proven to him once he obtained the patent, and it is noted that the right of the inventor is always protected, whether in the countries of the capitalist system or in the countries of the socialist system, so it is difficult to determine the nature of industrial property rights as they are similar to personal rights because of Its non-material nature, but it can be argued against all, which brings it closer to real rights. The prevailing trend sees it as a moral property that responds to non-material things. If these rights are temporary, they expire after a certain period of time or non-use, so it is necessary to protect the inventor, because the public interest requires that the inventor not have a perpetual right, but must be specified within a period in which the invention becomes permissible because the inventor has benefited from the research and efforts that were made during his invention by; Therefore, in our study of this subject, we relied on the comparative approach in various foreign and Arab legislation, and this is what we will address in the subject of our research, and we will limit the general principles on which the law is based. | ||
| Keywords | ||
| Patents; industrial property; industrial designs; trademarks | ||
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