Distinguishing between intellectual property and innovation
What is intellectual property?
Practical sheet REF: FIC1605 V1
Distinguishing between intellectual property and innovation
What is intellectual property?

Authors : Charlotte MONTAUD, Isabelle MEUNIER-COEUR

Publication date: August 10, 2021 | Lire en français

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2. Distinguishing between intellectual property and innovation

It's not uncommon to confuse intellectual property with innovation, since in the collective unconscious, protection is inherent in the very idea of creativity. However, these two notions do not entirely overlap, and call upon distinct legal mechanisms.

Unlike the notion of intellectual property, innovation is not a legal concept, nor is it the subject of a specific legal definition. It is approached in a roundabout way by the law, mainly in the context of tax legislation or state aid.

The intellectual property rights listed at CPI constitute an exhaustive list. Innovations that do not fall into one of these categories of rights are not, strictly speaking, part of intellectual property. Moreover, one of...

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