Definition of Intellectual Property Right:
Intellectual Property Rights are the rights that given to persons over the creations of their minds, such as inventions, literary and artistic works, designs, and symbols, names or images that used in commerce. In the other words, it is refers to the ownership of intangible and non-physical goods. It is also the general term for the assignment of property rights through patents, copyrights and trademarks. They usually give the creator exclusive rights over the use of their creation for a certain period of time.
There are two main areas of Intellectual Property Rights, such as Copy rights and rights related (neighboring) to copyrights, and Industrial Property. The example of Copyrights is the rights
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It gives the author the exclusive rights in relations to the work and it is prohibit the unauthorized actions and allows the author to take legal actions against the plagiarism. The authors also had given the economic rights to financially benefit from their work. In the meantime, copyright is not protecting the ideas; it is only protecting the way that the authors expressed their works. For a work to be protected by copyright, it must be original. Means that the works must independently develop by the authors, the creativity must be involved in the creation.
Article 5(2) of the Berne Convention explicitly states that the enjoyment and the exercise of copyright shall not be subject to any formality. But some countries still do require some formalities. The most famous formalities are recording a work on a tangible medium, registering the work with a copyright office, and using a copyright notice. Actually, the granting of copyright on a work is automatic upon creation of that works. The copyright symbol is ‘C’ in the circle; it will notice that the works is protected by
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Middle East Respiratory Syndrome has been identified on September several years ago. Coronavirus is a type of virus associated with respiratory illness. This coronavirus was observed the first time in Saudi Arabia on 2012. Egyptian doctor, Dr. Ali Zaki, who is working in Jeddah hospital, has isolated the virus from a human sample, but he was unable to identify the virus. Then, he sent the virus to Erasmus University in Netherland to be identified there. But, neither the doctor nor Erasmus has obtained permissions from Saudi authorities who have sovereignty over the virus sample under the United Nations Convention on Biological Diversity. Several weeks after the delivery of samples, Erasmus was identified the virus as a new one and then prepared a patent claim over
It is often conceptualized that property is the rights of 'ownership'. In common law property is divided into real property, which is the interests in land and improvements there, and personal property, which are interests in anything other than real property. Personal property is divided into tangible property (such as a bike, car and clothse), and intangible property (such as bonds and stocks), which also includes intellectual property (copyrights, trademarks etc). The modern property rights conceive of possession and ownership as belonging to legal individuals, even if the individual is not a real person. Hence, governments, corporations and other collective forms of ownership are shown in terms of individual ownership.
Professor Quintero PS-102 December 13, 2016 Eminent Domain The Fifth Amendment states “No person shall.be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.” This reserves specific rights to any United States citizen and guarantees that the government cannot just take your property and get nothing in return. Eminent Domain relies on the inherited right of the government to seize private property and or property owned by private citizens. Does it make it ok to have what is yours and only yours just taken away as long as it is for the common good and some money?
a car, wallet, photograph, shirt, pen and phone and so on) (Roger, 2012). The intangible personal property, on the other hand, is personal property that by its very nature does not have a physical existence as such, but is merely a right that can be owned as opposed to a real, tangible objects (i.e. stocks and bonds) (Roger, 2012). Overall, the real, intellectual and personal property has the same rights under the law, but their circumstances are very different in
Intellectual property is an incredibly complicated facet of the law. In the United States, we have many laws in place to control and limit profiting from others intellectual property. The issue is not only profiting from others intellectual property, but not purchasing the property from the originator as well. We will discuss why it is important to protect this property as well as why it is tremendously difficult to regulate all these safe guards. “Intellectual Property has the shelf life of a banana.” Bill Gates
Intellectual Property Law used to only protect art, music, and literature, but because of technological development, Intellectual Property Law now also protects a greater variety of innovations including designs, inventions, symbols, discoveries, and words. The phrase “intellectual property” was first known to be used in the late 1700’s; however, it was not widely talked about, nor was the Intellectual Property Law in actuality commonly implemented. Intellectual Property Rights slowly gained more attention by mid-1800’s after the Industrial Revolution had taken place: more companies were created, competition between corporations became fiercer, and owning unique innovations were crucial to winning the competition. However, as Intellectual Property
“Copyright is a fundamental right of ownership and protection common to all of the arts” (O’Hara & Beard, 2006, p. 8). “It is a form of intellectual Property (IP)” and it gives the owner exclusive rights to the copyright (O’Hara & Beard, 2006, p. 11).
Copyright, in its first form, was first introduced in 1710 with a British statute of Anne. Since this time copyright laws have changed to remain current, and have grown into an international agreement by many countries around the globe.
The World Intellectual Property Organization, Intellectual property is the ‘products of the mind: inventions, literary and artistic works, any symbols, names, images, and designs used in commerce’. Intellectual Properties such as Patents, designs, trademarks and copyrights are protected by laws. The US government offers different types of protection for these properties. The Lanham Act (15 U.S.C.A. Section 1051 et seq., also known as the Trademark Act of 1946, provides protection for trademarks. A trademark is defined as a name, word, symbol, or device or any combination thereof, adopted and used by a manufacturer or merchant to identify its goods and distinguish them from those manufactured and sold by others.
A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,
Intellectual property is property resulting from intellectual, creative processes. A product that was created because of someone’s individual thought process. Examples includes books, designs, music, art work, and computer files. (Miller R. J., 2011, p. 114) In the music industry a copyright is an important tool for artist to use to protect themselves from infringers. A copyright is the exclusive right of an author or originator of a literary or artistic production to publish, print, or sell that production for a statutory period of time. A copyright has the same monopolistic nature as a patent or trademark, but it differs in that it applies exclusively to works of art, literature, and other works of authorship (including computer programs). (Miller R. J., 2011, p. 125)
Governments provide the legal and social framework in market economies by establishing and protecting the rights to private property and to the economic gains derived from the use of that property. The government's protection of private property extends to land, factories, stores, as well as intellectual property. Intellectual properties are protected by exclusive rights, called copyrights, to protect such things as books, music, films, and computer software programs, etc; or patents, protect other types of inventions, designs, products, and manufacturing processes. These exclusive issued rights give the holders the rights to sell or market their products and creations for a specified period of time.
Intellectual property (IP) is defined as property that is developed through an intellectual and creative processes. Intellectual property falls under the category of property known as intangible rights, which includes patents (inventions of processes, machines, manufactures, and compositions of matter), copyrights (original artistic and literary works of), trademarks (commercial symbols), and trade secrets ((product formulas, patterns, designs). Intellectual property rights has a significant value to both individuals and businesses, providing in the case of large companies, over one half of their value on return. Since intellectual property rights are so important to the U.S. economy and its citizens, federal and state law provides protection, for example, civil damages and criminal penalties to be assessed against infringers. Due to the importance of intellectual property to a business, I don’t think that its protection and enforcement is going to be a thing of the past.
Copyright is a protection for authors, composers or artists and other creators who create innovative idea base work. Copyright law is important because of its role to protect the interests of the creator, while allowing others to gain access to it legally. It designed to make sure that creators receive appropriate rights for their own ideas and creativity, and to promote artistic creativity by protecting the creator.
Intellectual property is the ownership of ideas as well as the control over the tangible or virtual representation of those ideas. Software is intellectual property, as are books, movies, and music.Like music performers and authors, software developers use copyright laws to protect their work and their investment in the field. The theft of intellectual property thus eliminates the resources used to develop newer and better products.
Examples of Intellectual Properties are, if I create a clothing line and start to sell my clothes then that will be my intellectual property. When a programmer creates a program for a specific task and sells the program to a company, then that program will be the intellectual property of the program he