Law, Art and Industry: The Problems Caused by the Divide of Intellectual Property in a Creative Economy Scenario
SPLS IP DISCUSSION GROUP
Luiz Guilherme Valente
PhD candidate at the University of São Paulo (Brazil)
Law, Art and Industry: The Problems Caused by the Divide of Intellectual Property in a Creative Economy Scenario Intellectual property (IP) regimes face problems of adaptation in the contemporary setting. On the one hand, the emergence of the so-called Creative Economy, and, on the other hand, the evolution of the concept of art itself, brought about an approximation between industrial articles and artistic works, these being also being produced within a commercial logic. Such changes have not been accompanied by Law, resulting in legal regimes that currently are not properly applied. This happens either since IP regimes do not offer protection to certain rising economic sectors, or because they protect excessively goods that, in practice, are very similar to others to which it is given less comprehensive treatment. The research proposed is based on the hypothesis that such mismatch is due to the historical division of the categories of IP (industrial property and authors’ rights), which has embedded the classical view of the separation of art and industry.
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