Idea and Its Protection in the System of Intellectual Property Rights

The mere idea is protected neither in the system of industrial property rights nor in the system of artistic and literary property rights. When an idea is emerged and expressed, if it fulfills certain conditions, it will be protected as an invention or an industrial project according to the systemof industrial property rights; and when it is expressed, if it is genuine, it will be protected within the system of artistic and literary property rights. In addition to the system of intellectual property rights, idea is protected by other systems such as the “Act against Unfair Competition”. Since thisprotection is not sufficient, and to strengthen it in cases in which idea plays a great role in creating an intellectual phenomenon and motivating the creative power of the creator, some measures should be taken. Courts in the United States hold that conditions such as novelty, coherence, andprivacy should be fulfilled by the idea which is supposed to be protected, and introduce theories of ownership, unjust enrichment, explicit contract, implicit contract and secret relations to protect ideas and their owners.