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학술논문서울대학교 법학2010.06 발행KCI 피인용 3

Geistiges Eigentum im römischen Recht? - unter besonderer Berücksichtigung des Urheberrechts -

Geistiges Eigentum im römischen Recht? - unter besonderer Berücksichtigung des Urheberrechts -

최병조(서울대학교)

51권 2호, 1~35쪽

초록

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.

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.

발행기관:
법학연구소
분류:
법학

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