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Theses

La notion de création intellectuelle

Abstract : Intellectual creation goes with the humanity : it reveals the Human being to himsel. If the Law takes into consideration creation by proposing various modes of protection, the protean nature of the intellectual property does not allow however to apprehend creation under the scope of the unit. However it is indeed a unit concept. The study of the field (first part) and of the specifics (second part) proves that intellectual creation is an objectified demonstration of human activity, what initially enables it to be apprehended by the law as a concrete thing, then as a good - rights relating on the thing and its utilities. If the intellectual property is often presented as being the law of the reproductible things, consider the creation under the own angle of reproductibility cannot distinguish it from the other things. It is then a question of seeking specificities of creation in its origin, the human will. As the idea takes shape clearly as only the liberty of the agent - the creator - in the realization of the object – the creation - will allow to characterize an intellectual creation. Liberty is not only the criterion of creation as a product of the mental activity, but it is moreover the indispensable condition of the existence and recognition of this one.
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https://hal-univ-pau.archives-ouvertes.fr/tel-03189135
Contributor : Pierre-Yves Ardoy <>
Submitted on : Friday, April 2, 2021 - 5:45:08 PM
Last modification on : Wednesday, April 7, 2021 - 3:33:04 AM
Long-term archiving on: : Saturday, July 3, 2021 - 6:55:39 PM

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Pierre-Yves Ardoy. La notion de création intellectuelle. Droit. Université de Pau et des Pays de l'Adour, 2006. Français. ⟨tel-03189135⟩

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