The article 338 of civil code has defined sale as the possession of the sold object in return of the determinate price, which is drawn upon jurisprudence. In other words, object is exchanged with the price. Since intellectual properties are not objects, there are certain doubts regarding their exchangeability. Legal experts have offered certain ideas for solving these conflicts and their most prominent ones suggest that the object mentioned in the article 338 is versus profit which has been mentioned in the definition of the lease and the law intends to separate sale from the lease in this way, however, we cannot accept this issue with utmost clarity. For the content of the article 338 considers sale correct when it includes a sold item which is an object. English law has also offerred a definition of sale in which there is no place for the inclusion of immaterial properties; while judicial procedure and the governing norms are against law. For studying the salability of intellectual properties we need to know the foundations of intellectual properties and their existential nature. Moreover, we need also to pay attention to the roots of intellectual property so that we can view this domain of law from an economic perspective.
