القانون الواجب تطبيقه على عقد استغلال الابتكار العقلي للمؤلف ذي الطابع الدولي

الملخص EN

The aim of the research is to identify the law applicable to the contract of exploitation of the intellectual innovation of the author of an international character.

the researcher used the comparative analytical descriptive approach; by presenting and analyzing legal texts and jurisprudential and judicial trends, and comparing them with others.

the research consists of an introduction and two chapters; under each of them are a number of claims and branches; included the first topic: international standards, the contract for the international exploitation of the author's mental innovation rights, and dealt with the first requirement: the international character of the contract for the exploitation of the author's mental innovation right according to the general theory of contracts.

the intellectual innovation of the author of an international character and the law governing it; it included two requirements; the first: the freedom of the parties to choose the law applicable to the contract of international exploitation of the author, the second: determining the law applicable to the contract of international exploitation of the author in the absence of the law of will, and the research came to a conclusion; it included the most important results, including that the internationalization of the contract is considered a necessary preliminary step and precedes the issue of searching for the law applicable to contracts of exploitation of copyrights.

this law faced difficulty when it was put into practice on joint or collective works, in which there are many authors and their places of residence are different, as the law applicable to these latter works is the law of the country in which the person who exploited the work resides.