Tuesday, January 25, 2005

French IP Code

I found the first few paragraph's of the French intellectual property code really interesting:

"Chapter I: Nature of Copyright

Article L111-1.

The author of a work of the mind shall enjoy in that work, by the mere fact of its creation, an exclusive incorporeal property right which shall be enforceable against all persons.

This right shall include attributes of an intellectual and moral nature as well as attributes of an economic nature, as determined by Books I and III of this Code.

The existence or conclusion of a contract for hire or of service by the author of a work of the mind shall in no way derogate from the enjoyment of the right afforded by the first paragraph above."

It clearly shows the different ethos compared to the US constitution's Article 1, Section 8, Clause 8 gaurantee

"To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries"

The French focus is on "exclusive incorporeal property right which shall be enforceable against all persons" and the on US the function of intellectual property as an incentive to "promote the Progress of Science and useful Arts."

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