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Geistiges Eigentum im römischen Recht? : unter besonderer Berücksichtigung des Urheberrechts
로마법에는 지식재산권이 알려져 있었는가? : 저작권을 중심으로

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Authors
최병조
Issue Date
2010
Publisher
서울대학교 법학연구소
Citation
법학, Vol.51 No.2, pp. 1-35
Keywords
actio iniuriarumintellectual propertyliteraturepictureres extra commerciumres incorporalisRoman lawspecificatiotheater
Abstract
This article surveys the ancient Roman law to investigate whether or not the concept

of intellectual property was known to it. The sources concerning the main objects

of the survey, manuscripts for theatrical perfomances and pictures, show that

the Romans had no idea of a legally protected right of intellectual property even

though they also were, as a matter of fact, quite aware of the value of authorship

and its honor. The evaluation was higher in case of the painting at all events, but

no legal right was recognized either. The opinion that as a remedy the actio iniuriarum

came into question is anachronistic. It is clear that the intellectual property

has originated in the modern times.
ISSN
1598-222X
Language
English
URI
http://hdl.handle.net/10371/70998
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 51, Number 1/4 (2010)
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