INTELLECTUAL PROPERTY IN THE CONTEXT OF CREATIVE INDUSTRIES, ECONOMY, AND MINDSET (ON THE EXAMPLE OF EU COUNTRIES)

Abstract

The urgency of the research on intellectual property in the context of creative industries, economy, and mindset is unquestionable in the context of innovation and information society. Industrial property is understood in its broadest sense and extends not only to industry and commerce as such but also to the agricultural and extractive industries and all industrial or natural products such as wine, grain, tobacco leaves, fruits, livestock, minerals, mineral waters, beer, flowers, flour. The purpose of the research is to conceptualise intellectual property in the context of creative industries, economy, and mindset (using the European Union as an example). Formation of article objectives: 1. Study the problems of industrial and creative property protection in the EU countries. 2. Identify the essence and directions of development of the institute of intellectual property rights. 3. Clarify the functioning of intellectual property rights. 4. Show the development of the creative industries sector and intellectual property rights. 5. Define creativity and creative thinking as a factor in creative industries and the creative economy. Historically, intellectual property law was a long process of appropriation of works of intellectual creation. This notion has changed over time; today, for example, the intellectual property generates significant revenues in its primitive industries and extends into increasingly broader areas. In the current state of affairs, intellectual property law has become much more complex. There is no harmonisation according to activity (copyright, related rights, patents, plant variety certificates, etc.) or country. Creative industries have been shown to produce (almost) systematically two types of products that can be exchanged in two different but interlinked markets: 1) goods and services with a strong ‘significant’ component; 2) the rights to express or embody ‘ideas’. We are interested in three constituent aspects of this construct of value to which intellectual property rights contribute: 1) the use value of these rights; 2) the exchange value, and 3) the market value of the goods and services to which they relate. The conclusion is that in the European Community context, intellectual property rights are perceived as instruments to dominate national markets, given the monopoly position they can confer on their owner. They are also seen as obstacles to intra-Community trade because of differences in the legislation of the Member States. Their application is contrary to the principle of free competition and the principle of free movement of goods and provision of services, which are the basis for the creation of a common market.