NORMA JURIDICĂ ŞI CREAŢIA INTELECTUALĂ: PERSPECTIVE DE TEORIE GENERALĂ A DREPTULUI ASUPRA PROTECŢIEI INOVAŢIEI
THE LEGAL NORM AND INTELLECTUAL CREATION: GENERAL LEGAL THEORY PERSPECTIVES ON INNOVATION PROTECTION

Summary/Abstract: The article examines the relationship between the legal norm and intellectual creation from the standpoint of the general theory of law, centering on the question: how are the rules that protect innovation in a knowledge economy designed, justified, and adjusted? It analyses the classical justifications for protection (utilitarian, personalist–deontological, and systemic), the architecture of intellectual property rights in European Union law (copyright, databases, software, trade secrets), and patentability standards in Europe, with a comparative excursus into U.S. law. Case law of the Court of Justice of the European Union (CJEU) on "originality" and the notion of a "work" reshapes the parameters of eligibility for protection, while recent instruments – including directives on copyright in the digital economy and the protection of trade secrets – seek a balance between fostering innovation and the public interest. The article also introduces current tensions between exclusive protection and access to data based on open licenses, text and data mining, and artificial intelligence, proposing guidelines for a reflexive model of normative governance.

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