القانون الواجب التطبيق على حق المؤلف طبقا للقانون الوضعي واتفاقية بيرين: دراسة مقارنة

الملخص EN

This research deals with the issue of determining the law applicable to copyright as a subject of the vocabulary of moral rights (intellectual property) through the statement of the nature of this law, whether in accordance with the rules of position in each of the Kuwaiti civil code and civil code, Jordan, or according to the rules contained in the berne convention signed in 1886 which is the general law of copyright protection.

And we will find in this research that the man-made laws have been taken two positions arc different in shape agree in the result, for example, the Kuwaiti legislation of the Emiri decree No.

5 of 1961 provides, in article No.

57 explicitly and clearly the validity of the law of the country of first publication or the law of the country first output on the right of the author, while the civil legislation of Jordan has taken a position of uncertainty and lack of clarity but only by repeating the statement in the Berne convention about to determine the law applicable to copyright which has opened the field wide open for jurisprudence to say his opinion on this matter and that the whole on the subject of copyright as well as the law of the country the first post.

There is also a in this research that the berne convention have included some of the substantive rules that determine the law applicable to copyright, and also included a special attribution rules expressly refer to this law and determined by the specific and clear.