الاختصاصُ التّشريعيّ في المسؤوليةِ المدنيةِ الناشئةِ عن انتهاكِ الفلكلورِ الشّعبيّ ( دراســةٌ مــقــارنــةُ )

Rp-Legislative Jurisdiction over Civil Liability Arising from Violation of Folklore ( A comparative study).pdf

Folklore is considered one of the most important traditional knowledge, as it is the desire to know the roots and origins on which a person relies. Folklore is only a means of expressing the culture of society derived from its historical heritage, and it is what makes the current generation appreciate the valuable and great creations of past generations. It is a mirror that reflects nature. Humanity, folklore is a science that revolves around oral traditions that include stories, legends and songs.
According to the level of legal protection for folklore works, the desired progress and development is achieved, and practical reality proves that the disparity in the levels of such protection leads to a serious disparity in the degrees of progress and economic and social development between countries. Countries that guarantee protection for their children and others who reside on their territory have become developed and dominant countries. On the economy and the world’s capabilities, while countries that do not provide this protection have retreated, fallen behind, have a low level of development, and live dependent on others, waiting for the opportunity to seize the results of the thought of others, imitate it, and falsify it, without paying in return for the owners of this thought.
Intellectual production is the goal and purpose of science, and it is a human heritage. Borders must not stand as an obstacle to humanity’s benefit from it, and its river must flow from the countries that have this human intellectual production to the countries that need it and do not have the human capabilities and material capabilities necessary to achieve their progress and renaissance.
Here, as the product of thought is transmitted from its creators to its seekers, across the borders of countries, the phenomenon of conflict of laws occurs. If the owner of this thought contracts to exploit his financial right to it with a party from another country, or the attack is carried out by piracy, literary theft, forgery, imitation, or competition. Illegal acts in the territory of a state other than the state to which the owner of the folklore belongs or resides, and the matter is brought before the judiciary or arbitration. Which laws must be applied, and the protection required of the plaintiff be achieved? Is it a national law for a specific country, or is it provisions stipulated in an international agreement regarding the organization and protection of popular folklore works, of which there are many?