Economic and Moral Rights of the Deceased Designer

KOUKAL, Pavel. Economic and Moral Rights of the Deceased Designer. In NON OMNIS MORIAR. 2014.

Basic information

• Original name: Economic and Moral Rights of the Deceased Designer
• Authors: KOUKAL, Pavel (203 Czech Republic, guarantor, belonging to the institution).
• Edition: NON OMNIS MORIAR, 2014.

Other information

• Original language: English
• Type of outcome: Presentations at conferences
• Field of Study: 50501 Law
• Country of publisher: Poland
• Confidentiality degree: is not subject to a state or trade secret
• RIV identification code: RIV/00216224:14220/14:00104295
• Organization unit: Faculty of Law
• Keywords in English: economic rights; moral rights; inheritance law; universal succession; post mortem protection
• Tags: International impact, Reviewed

Abstract

In this paper the author deals with the inheritance of intellectual property rights related to design. Firstly the author defines the concept of design and subsequently describes intellectual property regimes under which the design is protected, especially industrial designs, copyright, trademarks protection and unfair competition in general. Within provisions of the new inheritance law (i. e. the New Civil Code of the Czech Republic) the author deals especially with the hereditary succession of author's rights and registered industrial designs. The author provides the argumentation that the design as the intangible asset cannot be considered as the intangible thing in the legal sense (Art. 496 para. 2 of the New Civil Code), but it is a special object of economic and moral rights of the designer (economic and moral author’s rights and economic and moral industrial design rights). In general, the economic rights of the designer are considered as intangible things with the exception of economic author’s rights which are not alienable and are not subject of the economic valuation.