قصة ملكيتين : مبدأ استقلال الملكية الفكرية للمصنف عن الملكية العينية للدعامة المادية في التشريعين الأردني و الفرنسي

الملخص EN

The history of author’s right is a history between the intellectual property of the work and the corporeal property of the material support, what governs the relation between these two properties is the principle of independence of each of them from the other.

This principle has evolved in the French legal system, such evolvement was amongst the reasons which led to the creation of the author’s moral right in France.

This study argues that the existence of the work under the Jordanian legislation is an artificial creation by the law, which requires excluding any corporeal aspect from the work; i.e.

separating between the work and its material support.

This separation between the intellectual property of the work and the corporeal property of the support requires drawing the limites of each property regarding the other without preferring one over the other.

Thus, the actual control over the support and the right to exclude the others from it which is one of the attribute of the corporeal property can be handeled through the theory of abuse of rights that is consecrated by the Civil Law.

On the other hand, this study has concluded that the corporeal property may not extended to include the image of the chattel because this will put in peril the principle of independence of the intellectual property of the work from the corporeal property of the support.