La valeur sociale des objets de la propriété intellectuelle

Abstract : Value is a notion especially present in intellectual property law, and this is the prism we have chosen to analyse the object of intellectual property in the healthcare field. When labeled economic, this value present in the object of copyright drives it (the object) into the sphere of property common law, thus losing its specificity and opening it to all objects economically valid in the healthcare field. The solutions offered to re-establish the legitimacy of intellectual property in this field where it is essential are two-fold. On the one hand, it is essential to focus on the object of intellectual property and not its exercise as it is often done. The strict delimitation of the object is important. It should not meet all the pressing solicitations for protection of objects in the healthcare field but must preserve its in-appropriable portion. On the other hand, this argument must be reinforced with the search of the purpose of intellectual property in the healthcare field. This purpose can only be found when considering the social value of the objects affecting people’s health. Therefore the appropriation of any object in the healthcare field must contribute to the achievement of medical progress. Medical progress is defined as a process of an increase in time of medical advances stemming from science and technique, advances which contribute to an improved well-being and, according to the health definition here used, to an improved complete physical, mental and social well-being. Its presence (of medical progress?) will be verified (checked) in light of the principal rights which make up the copyright law.It will be noted that the appropriation in patents rights is generating medical advances, whereas in trademark and royalties rights receive these objects to ensure medical progress in its temporal dynamic.
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Contributor : Amélie Favreau <>
Submitted on : Thursday, February 2, 2017 - 7:55:54 AM
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  • HAL Id : hal-01452569, version 1



Amélie Favreau. La valeur sociale des objets de la propriété intellectuelle. Revue Lamy Droit de l'immatériel, Lamy (imprimé) / Wolters Kluwer édition életronique 2011, pp.64-69. ⟨hal-01452569⟩



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