Patent and author’s right

In his article on “Invention and Creation or Monopoly and Property”, Mr. Oumar Sanon considers that invention does not give birth to “a property in the classical sense”.

Invention may be represented by patent granting exclusive rights on a technical solution proposed by its holder. The rights are granted by the Government for a short period; the holder does not ipso facto own the invention.

The same is not true with author’s right. It is not granted by a Government. According to article 27 of the Universal Declaration of Human Rights: “Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author”.

Ownership comes from a creation, defined as the realization of a conception bearing the imprint of the personality of its author” says Mr Oumar Sanon (lefaso.net February 24, 2017). Indeed, according to the Federal Circuit Court of Appeals (May 9, 2014), confirmed by the Supreme Court of the USA (June 29, 2015), the protection does not depend of a simple juridical title. It applies to a real support: “the original work of authorship fixed in any tangible medium of expression.

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