Raportul juridico – semantic dintre creativitate şi originalitate
The Legal and Semantic Relation between Creativity and Originality
Author(s): Nicoleta Rodica DominteSubject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: creativity; originality; design; copyright; novelty
Summary/Abstract: Creativity is the ability to make something new: an invention, a work of art, a design. Novelty is a condition of validity for design, while originality is a criteria for copyright protection. Novelty implies the originality of combination. So, a design can be protected if the combination of esthetic elements is original. Originality is an aspect of a created work. If a literary, artistic or scientific work is original, it will be protected by copyright law. The definition of originality in copyright is given by authors' personality and wisdom. In this article, we would like to analyse if creativity and originality are synonym notions from a juridical point of view. The synonymy is pointed out by juridical literature, text of laws and Court decisions.
Journal: Revista Română de Dreptul Proprietăţii Intelectuale
- Issue Year: 2014
- Issue No: 2
- Page Range: 29-34
- Page Count: 6
- Language: Romanian
- Content File-PDF