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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
- Issue Date
- 2010
- Publisher
- 서울대학교 법학연구소
- Citation
- 법학, Vol.51 No.2, pp. 1-35
- Keywords
- actio iniuriarum ; intellectual property ; literature ; picture ; res extra commercium ; res incorporalis ; Roman law ; specificatio ; theater
- 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
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