ABSTRACT
Much attention has been devoted to the legal status of animals in property law. Less attention has been paid to the analysis in intellectual property law. This article deals with the latter issue. The legal status of animals can be viewed from many different perspectives. The author first considers whether an animal can be treated as an intangible good. Next, the article discusses the issue of animal creativity and the possibility of recognizing an animal as an author of a work. The entire article is set in the broad context of intellectual property law, which includes not only industrial property law (especially patents and trademark law), but also copyright law. There are differences between individual legal systems in this area, which is why the article focuses on issues that are generally common to individual countries. The article concludes with a summary, in which the author formulates more general conclusions and proposals de lege ferenda.
Adrian Niewęgłowski, The Status of Animals in Intellectual Property Law: A Theoretical Overview of the Issue, Review of European and Comparative Law, 65(2), 125-136 (2026). Published 30 June 2026.
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