Concepts Of Property In Intellectual Property Law

This book explores the interaction between notions of property in law and particular aspects of intellectual property law.

Wissenschaftlicher Aufsatz aus dem Jahr 2020 im Fachbereich Jura - Medienrecht, Multimediarecht, Urheberrecht, Manipal University, Sprache: Deutsch, Abstract: This work is an attempt to analyse the concept of intellectual property and to check its authencity as a ‘property’ on the basis of proprietary jurisprudence. It also tries to trace the roots of intellectual property rights in Indian legal and social system and to look for the need and justifications of intellectual property rights. Finally, it shall make an effort to derive something innovative. In the beginning, meaning, definition, subject matter, characteristics, kinds etcetera of property are discussed and the present status of concept of property is presented. The text introduces the concept of intellectual property and intellectual property rights and a detailed discussion on the history and development of intellectual property rights, in international arena as well as in India, is given. That followed, it measures the authenticity of the concept of intellectual property rights on the basis of proprietary jurisprudence, elaborates upon the different principles and checks the applicability of such over the concept of intellectual property rights. The concept of intellectual property rights is compared with the basic Indian thoughts. Basic ideas of different Indian philosophies, namely, the Sanatan dharma, the Islamic thoughts, the Sikh, Jain and Buddha philosophies, are given; and the concept of intellectual property rights from ancient to modern India are traced. Furthermore, the work investigates the need and justification of intellectual property rights through various theories and thoughts.

Using proven Examples & Explanations pedagogy, this comprehensive study guide provides students with a short account of the law, followed by a variety of concrete examples and explanations that help reinforce and give substance to the key rules and concepts in intellectual property law. Its flexible organization lets students move freely between topics that range from copyrights, to patents, trademarks and trade secrets. Keyed to all major IP survey courses and using compelling examples, Intellectual Property: Examples & Explanations is a straightforward guide that gives students a solid grounding in this dynamic area of law. The Fourth Edition has been substantially updated to include new case law, explanations and examples across a wide variety of intellectual property issues. Several new Supreme Court cases have been added to the section on patents; the copyright section now includes constitutional limits on the scope of copyright legislation and multiple cases on the boundaries of fair use and the extent of moral rights of artists; new material on limits on trademark protections, ISP liability and cybersquatting are included in the section on trademarks; and new issues defining trade secrets in the Internet Age round out the Fourth Edition. Hallmark features: * Complete coverage of core topics in intellectual property * Keyed to the major IP survey casebooks, with enough examples to reinforce any gaps in the text coverage. * Proven Examples & Explanations pedagogy helps reinforce key rules and concepts. * Focuses on the fundamentals, concentrating on basic rules and concepts and avoiding more sophisticated, specialized topics. * Flexible organization adapts to any course structure and allows students to work independently, brushing up on specific topics as needed. The Fourth Edition has been substantially updated with the following new material: * Copyright: * Constitutional limits on the scope of copyright legislation. * Extent of moral rights of artists. * Multiple cases on the boundaries of fair use; licensing issues; work made for hire in the startup company context; rights of buyers of copyrighted products and services, limits on digital rights management systems. * New Patent law: * Several Supreme Court cases, including patentability of business methods, software, and genes; ownership of university inventions; standards for invalidating patents; standard for secondary liability. * Other cases on liability for inaccurately marking a product as patented and scope of patent protection for biotech inventions. * Coverage of 2011 revision of patent statute by America Invents Act * Trademark: * Limits on trademark protection for functional items. * ISP liability for customers' trademark infringement.

In 2009, the Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP) dedicated its yearly congress to the theme Horizontal Issues in IP Law; Uncovering the Matrix. That theme and the main concern of the so-called Intellectual Property of Transition Project have been brought together by the editors of the current book under the intriguing title The Structure of Intellectual Property Law Questioned, is whether the apparent compartmentalisation and fragmentation of actual intellectual property law can be based upon a coherent system that supports the entire field. In other words: it is questioned whether one organising principle which underlies the different parts of this domain of law can be found. Not surprisingly, the answers given by the various experts that contribute to this book tend to differ, mainly depending on their field of interest: copyright law, patent law, trademark law, the main tendency being in favour of tailoring instead of unifying both from the perspective of efficiency and that of economics. However, even more interesting than the answers to the question posed, are the stimulating and thought-provoking analyses which the book offers. This is really a book one should read if one is interested in the conjunction of the basic principles of intellectual property law and how they work out in practice. Willem Grosheide, Utrecht University, The Netherlands Today, intellectual property is a broad genus embracing various more specific species - invention patents, copyright, trade marks and so forth. Anyone concerned with how this ever-expanding grouping is developing should read the fourteen essays in this book. Written by leading scholars, they tackle not only the relationships between the species, but also those between sub-species. Originally presented as papers to the Association for Teaching and Research in IP, the writing is both subtle and full of verve. Strongly recommended. William Cornish, Cambridge University, UK This well-researched and highly topical book analyses whether the ever-increasing degree of sophistication in intellectual property law necessarily leads to fragmentation and inconsistency, or whether the common principles informing the system are sustainable enough to offer a solid and resilient framework for legal development.

This timely book analyses the most significant contemporary developments and trends in property law, including the concept of property rights, the role of property law and property rights in society, and the values they enhance. It examines the effect of property rights on social, economic and cultural development and vice versa, considering the impact of phenomena such as technological innovation, digitalisation and blockchain technology, changes in social and economic organisation and globalisation.

Ideas are the fuel of industry and the entertainment business. Likewise, manufacturers receive suggestions for new products or improvements to existing products, and retailers frequently receive ideas for new marketing campaigns. Many ideas are not new and may be used by anyone without the risk of incurring any legal liability, but some ideas are novel and valuable. If the originator of a potentially useful idea does not have the financial resources to exploit the idea, he or she may submit it to another, with the expectation of receiving compensation if the idea is used. Although an extensive body of intellectual property law exists to protect the rights of inventors, authors, and businesses that own valuable brands or confidential proprietary information, raw ideas receive no protection. Nevertheless, the originator of a potentially useful and marketable idea is not without legal recourse. The courts have developed, through a long line of common law precedents, legal protection for novel and concrete ideas under certain circumstances. The originator of an idea can rely on contract law, whereby the recipient may expressly or impliedly agree to pay for the idea. Alternatively, if the idea is disclosed in confidence, its unauthorized use by the recipient allows the originator of the idea to recover compensation. Finally, some courts have treated the ownership of ideas as quasi-property rights.

Cass and Hylton explain how technological advances strengthen the case for intellectual property laws, and argue convincingly that IP laws help create a wealthier, more successful, more innovative society than alternative legal systems. Ignoring the social value of IP rights and making what others create “free” would be a costly mistake indeed.