Die Idee des geistigen Eigentums zwischen Schöpferprinzip und Investitionsschutz
Abstract
The idea of intellectual property can look back on a long tradition both in countries of European and Anglo-American law. However, for some years now the protection of intangible goods leads to controversial discussions across all social and political groups. Examples are the discussions around gene patents and pharma patents as well as the controversy surrounding Google Books. In the following article the idea of intellectual property as a model for legitimizing intangible effort is looked at from its legal philosophical roots and motives. Building on that, the requirements for a positive protection of those intangible efforts at question, which requirements are interdisciplinary and independent from a legal culture, are to be elaborated.