摘要:This paper presents new considerations about creativity that have been little explored from an intellectual property angle and its framework of law, recognizing the need for an interdisciplinary research that is both social and law based. In this approach, creativity is an inherent element of the individual, which carries implications for the Ius Civile and the society structure of those called “knowledge societies” or Societatibus Scientia. For those, it is unthinkable having its legal system considering creativity as something different of a personalitatem attributum. The latter asks us rethinking intellectual property from a creationism perspective rather than consumption, and so having the legal system analyzing creativity from the origins - which includes childhood times where key elements of a creative personality are nurtured or inhibited. By rethinking the “persona” concept, the legal system focus should move from an adult world that consumes science, technology and innovation, and prosecutes copyright piracy, towards one that protects a creative community able to build and exercise an intellectual citizenship at early ages. The latter is what the emerging knowledge society is urging for.
关键词:Intellectual property;creativity;innovation;person;personality attributes;knowledge society;incentives.;propiedad intelectual;creatividad;innovación;persona;atributos de la personalidad;sociedad del conocimiento;incentivos.