Protection of the idea in intellectual property law; Challenges and necessities

Abstract

The idea and the initial plan are the result and creation of the human mind and his Inventiveness; in addition, those play a constructive role in the formation of intellectual creations in both literary & artistic and industrial fields. Although in a developed and just legal system, the protection of the idea seems necessary, but its protection in the framework of intellectual property law faces serious theoretical challenges. The idea is out of not only the scope of protection of national and international intellectual property regulations but also theoretically, its protection and the granting of ownership monopoly to the creators of ideas is not justifiable and unchallenged. In this research, on the one hand, while examining the historical course of the importance and place of ideas in the formation And prosperity of the US film industry and cinema , the necessity of supporting idea makers in order to encourage and expand creative activities is explained, and on the other hand, The impossibility of supporting the idea of intellectual property law is analyzed in the framework and approach of the three theories of Natural rights, the instrumentalist theory of intellectual property rights and the theory of economic analysis. Due to that necessity and this challenge, the formation of the idea legal system is based on the American judicial procedure, which supports the creators of ideas in a different form, apart from intellectual property law and without granting ownership monopoly. Understanding the basics of these necessities and challenges and Understanding law of ideas system and its goals can be a starting point for protecting idea makers in Iran based on the capacities of this field of law.

Keywords

• idea
• intellectual property law
• natural rights theory
• economic analysis theory
• law of idea