Abstract
Montenue, a distinct French scholar of intellectual property, has suggested that IP is a “tool which surprisingly helps a lot”, and this definition on science, arts, culture, since the 16th century. Now, what would be the definition of intellectual property for the 21st century? Apparently not a “strange” tool, but a necessary tool, primary for enriching human knowledge, and for the new world order, especially in the global market sphere.Intellectual property is an integral part of international trade, and its importance keeps increasing, since effective use of knowledge is increasingly influencing the economic prosperity of peoples. One may say that there is little originality in the creative sphere. Naturally, this originality can only be reflected by individuality and human identity in intellectual creativityThe author rights in the Kosovo legislation is a novelty, a necessity of developing a creative environment in the fields of science, arts and industrial property. First and foremost, the individual benefit, which is secured by the author as the creator of the work, is a moral and material right. Secondly, there is a need for harmonization, not only of values for the creator, but also for the development of science, culture, increased competitive advantage, and the public sphere, as a benefit for the public health and security, and the fiscal policy. The deficiency one must record is with the Office for Copy Rights, which is to play a strong role in implementing and protecting copy rights and other related rights by licensing collective management agencies, imposing administrative fines, awareness raising, provision of information, and other capacity building and educative measures. Naturally, the enactment of good legislation is a system without any meaning or sense if not associated with the court practice. Any establishment of a legal system not pursued with enforcement mechanisms remains only in legal frameworks.
Highlights
If one views the retrospective progress and transformation of societies in the past and until today, one would record the huge contribution given by the creation of scientific works
Intellectual property is an integral part of international commerce, and its relevance is gaining ground, since the effective use of knowledge is increasingly influencing the economic prosperity of nations
Intellectual property, as a product of mind and spirit, expressed as a distinct contribution to science, arts, culture, technology, must definitely enjoy effective legal protection. The approach to this topic is initially the recognition of the notion of intellectual property, copyrights, authors, author works, only to continue with the essence of the topic, which is the protection of copyrights
Summary
If one views the retrospective progress and transformation of societies in the past and until today, one would record the huge contribution given by the creation of scientific works. It is important to note that the approach to the protection of copyrights has begun changing, due to globalization as a new world reality, which has fluidized material and spiritual values, which is only one more aspect of copyrights This is best seen in the influence of the American legislation, providing legal protection only to the economic rights of the author, which is contrary to the approach of the European legislation to the protection of moral rights of the author. Industrial property includes rights on patents, industrial design, trade marks and service marks, trade names, geographic indicators (markers), new plant varieties, integrated circuit typographies, and protection against unfair competition.2 These creations are called proper intellectual creations, mainly ideas presented in a certain form, suitable or very practical, essential forms. Copyrights provides legal protection, both nationally and internationally, and the role of copyrights is to balance between author rights, and the needs of society to be richer in knowledge in literature, arts and science. The protection of authors is aimed at preventing, and restoration to previous situation in case of violation, conviction of culprits, meaning the consequences of violation of author rights in many fields, including moral, economic, fiscal, public health, order and public safety and fiscal sphere
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