Intellectual Property Rights: Open Access

Akbar Ismanjanov

Publications

• Research Article
  Creativity Oriented Originality in Non-Protection of Ideas: Inter- Compliance of Originality and Idea-Expression Dichotomy
  Author(s): Ismanjanov AIsmanjanov A
  
  Originality and Idea-Expression Dichotomy as key concepts of copyrights that define protectable domain can be considered as mutually contradictory phenomena. Non-protection on ideas in Idea-Expression dichotomy is incongruent with the creativity orientation of originality, since the attainment of necessary level of creativity necessitates more of less idea-wise operation. Contradiction has mitigated by lower threshold of originality in line with overall non-monopolistic effect of the copyrights. Different dimensions of operation of these standards may be mitigating the conflict of these concepts, as idea-expression dichotomy focusing on non-monopolization of ideas, while in originality the attention to the minimum level of creativity. The added complexity of the problem reminds on unsuitability of the legal instrument in distinguishing the creativity as a process. While essential goal.. View More»
  DOI: 10.4172/2375-4516.1000191

  Abstract PDF