The Corporate Governance of Intellectual Creation – Immediate Condition of Transition to the Knowledge Society

By Badar, Iurie; Badar, Veronica | International Journal of Communication Research, October-December 2017 | Go to article overview

The Corporate Governance of Intellectual Creation – Immediate Condition of Transition to the Knowledge Society


Badar, Iurie, Badar, Veronica, International Journal of Communication Research


The intellectual heritage, the estimated value and economic potential of which has grown significantly over the last few decades, presents all the final outcomes of the creative work. In most general terms, these are manifested in knowledge, information, skills, experiences, scientific breakthroughs, inventions, industrial design, trademarks and other distinctive signs of manufacturers, products and services, software, databases, literary and artistic works generated during the along the activity of the knowledge of the lawfulness of nature / society functioning and of the creation of cultural values.

The immaterial specificity of intellectual values enables them to be used by third parties without the consent of the author, subsequent to getting used to their essence. The opportunity to overcome this inconceivable state of affairs implies the need to apply additional patrimonial securing tools that would exclude / limit the actions concerning the unpunished take-over in order to apply the results of creative activity. Their mission consits in granting the authors special rights called exclusive to ensure the legal protection of intellectual creation by legalizing the possibility of third-party sanctions in the case of unauthorized use of creations. Therefore, the need for legal protection of works derives from their immaterial nature and its main functions are to prohibit third parties from applying the results of intellectual activity without the permission of the author / holder and to create appropriate conditions for their commercialization.

The tools applied for the patrimonial securing of the results of the intellectual activity are reduced to the following: a) the titles of protection (patents, sort of plants patents, industrial design registration certificates, trademarks, geographical indications, designations of origin etc.) in the case of industrial property; b) the rights to literary-artistic creations granted automatically without the filing of applications and the issuance of confirmatory protection documents, in the case of the objects of copyright and the related rights; c) know-how (information, knowledge capable of generating competitive advantages, to which the access of third parties is limited), in the case of maintaining the results of creative activity under a trade secret regime. Thus, the legal protection, confirming the right of private ownership of intellectual creations, transforms them into objects of intellectual property (herein after OPI), which, viewed from economic positions, under the conditions of domination of market relations, manifest themselves as commodities.

The composition of the intellectual heritage is extremely complex. Viewed from the evolutionary point of view of the forms of ownership, it includes: 1) the inherited works from predecessors, elaborated by previous generations in the epochs preceding the adoption of legal mechanisms for the protection of intellectual creations and those with expired protection terms, which are the object of public property of the global community as a whole; 2) recently created intellectual products, which are divided into two components: the first also remains in the public property not being subject to legal protection due to the lack of efficient protection mechanisms or the inopportunity to grant it (the official documents of normative, administrative and political nature, official state symbols and signs, etc.); the second includes other creations that are granted legal protection and which are the subject of the private property of the authors / owners. The last ones actually represent the intellectual property in its traditional, restricted sense. After the expiration of the terms of protection established by law, they also become components of the public patrimony.

In the context of the concrete expression of intellectual creations, they are divided into many segments, the most important being: the general knowledge that predominantly covers the field of instruction and knowledge; the information that is expressed in purely informational, statistical sources and the databases; the results of scientific investigations, including scientific discoveries, materialized in research reports, monographs and articles; inventions in various fields of activity; plant varieties and new animal breeds that are the result of plant / animal breeding activities; industrial design works; the distinctive signs of manufacturers and products, including, firstly, brands for products and services; literary works; musical works; cinematic creations; choreography; photography; of plastic art; architectural, etc. …

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