Checking the creativity requirement when protecting digital works( A comparative study )


  • Khalil bin Hamad Al Busaidi Assistant Professor of Administrative Law Al Sharqiya University/Sultanate of Oman
  • Nizar Hamdi Qeshta Associate Professor of Criminal Law Head of the Public Law Department, Al Sharqiya University, Sultanate of Oman


Digital environment, digital works, innovation



      In light of the widespread technological development and the spread of artificial intelligence, new types of intellectual works and innovations have emerged that are dealt with in the digital environment, which are digital works. As the digital environment now allows the copying and distribution of these works, which is a major violation of the rights of innovators.

      Based on that, national legislation has focused on protecting intellectual property in the digital environment, in order for it to fall under the umbrella of legal protection requires the presence of an innovation element. The research aims to clarify the different trends in the subject of innovation in digital works, trying to answer the research problem that revolves around a main question, “Is there innovation in digital works?”, relying on the descriptive and analytical approach associated with the analysis of legal texts, in addition to the comparative approach,

       We have reached the conclusion that jurisprudence has divided regarding the location of innovation in digital works into two directions. The first direction believes that the location of innovation is in the information flow map. On other-hand the second direction believes that innovation occurs at any stage of the preparation of the digital program. We also recommended the necessity of establishing a law, special in the Sultanate of Oman regarding the protection of intellectual property rights in the digital field. This relates to the protection of digital works, electronic programs, networks, and other areas of digital intelligence, similar to what comparative laws have followed.