Creative vision as a legal category: concept, legal nature, correlation with related categories

Abstract

The article considers the main views set out in the scientific literature, as well as in judicial practice, regarding the interpretation of the creative component in the creation of objects of intellectual activity. The meaning of creative work in the creation of such objects is analyzed — from pre-revolutionary lawyers to the modern understanding. The author distinguishes between mechanically created objects and creative objects, identifies two criteria that are necessary to recognize the object created by creative way: objective and subjective. The understanding and correlation of such categories as “creativity”, “creative work”, “creative vision”, “single creative idea”, “creative conception” is analyzed. It is the use of such categories that allows the court to establish the protectability of objects of exclusive rights, to distinguish complex and composite objects, as well as objects of independent creation and repetition of someone else’s work. The author of the article comes to the conclusion that for the definition of creativity as one of the components of the legal qualification necessary for the protectability of the object the most comprehensive is the concept of “creative vision”.