IT CAN BE CONSIDERED THAT THE INHERITANCE OF INTELLECTUAL PROPERTY RIGHTS IS AN EXCEPTION FROM THE UNITARY FEATURE OF THE HERITAGE

THE LEGAL NATURE OF THE INTELLECTUAL PROPERTY RIGHT REPRESENTS ONE OF THE MOST CONTROVERSIAL ISSUES. BASED ON THE QUALIFICATIONS USED, THE PERSPECTIVES SUPPORTED BY THE LITERATURE CAN BE GROUPED INTO TWO MAIN THEORIES. THE INTELLECTUAL PROPERTY RIGHTS REPRESENT DEROGATION FROM THE FACT THAT THE HERITAGE IS FORMED BY THE PATRIMONIAL RIGHTS FOUND IN THE DECEASED PERSON’S PATRIMONY. IN ORDER TO CONCLUDE ON THE FACT WHETHER THE INTELLECTUAL PROPERTY RIGHTS, BY THEIR DOUBLE NATURE REPRESENT AN EXCEPTION FROM THE UNITARY FEATURE OF THE HERITAGE, WE SHALL ARGUE UPON THE LEGAL FEATURES OF THE HERITAGE AND SHALL APPROACH CERTAIN NOTIONS OF INTEREST WITHIN THE RIGHT TO INHERIT AND ITS MEANINGS, AS WELL AS CERTAIN TERMINOLOGICA L ASPECTS SUCH AS THE SUCCESSION, SUCCESSORS AND SUCCESSIONAL TRANSMISSION. OUR LAW STATES CERTAIN EXCEPTIONS FROM THE UNITARY FEATURE OF HERITAGE UNDER CERTAIN CONDITIONS. THUS, MOVABLE ASSETS, AS WELL AS ASSETS FROM THE HOUSEHOLD, WEDDING GIFTS, IN THE A REA OF LABOR LAW – WAGES, ANNUAL LEAVE PAYMENT, THE PENSION NOT RECEIVED BY THE DECEASED PERSON, AS WELL AS THE PATRIMONIAL COPYRIGHTS.

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