List two characteristics each of real, intellectual, and personal property.
According to our textbook, “Real property constitutes land and all things permanently attached to it (i.e. a house, a tree or coal below land). Intellectual property such as copyrights, patents and trademarks is personally owned but generally treated as a separate form of property by the law. Personal property is characterized by its portable nature; it can be carried from place to place (i.e. tangible personal property or intangible personal property)” (Roger, 2012).
Do owners of real, intellectual, and personal property each has the same rights under the law? List how each type of property is treated under the law.
Owners of real, intellectual and personal property each have the same rights under the law, whether it is a physical entity or a non-physical entity. “Ownership of real property is typically complicated than that of the personal or intellectual property since the law provides for different forms of ownership, which carry different rights (Roger, 2012). First, real property is regulated by federal and state statutes as well as common law. For example, a fee simple individual that has
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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
...y within the United States and personal property used predominantly outside the United States are not property of a like kind.
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.
Property is an owned object, whether that is land or a house or a computer. We own property, it’s our right to protect and decide what we do with that property. We worked hard to own property and we will fight to protect it from both foreign and domestic threats. When someone takes our property, we call it theft, but when the government does it, it’s called Eminent Domain.
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
Ownership is the act, state, or right of possessing something. Many people believe taking ownership is parallel to taking responsibility. In some cases, taking responsibility can be rewarding, but in other cases, it can be very self centered. According to Aristotle, ownership of tangible objects leads to develop moral character, even though it is not stated whether those morals are good or bad. Plato exaggerates how disparaging ownership can be to one's character and life. The affect ownership obtains on moral character is intensely detrimental.
There is uncertainty surrounding the law in regards to the ownership of property and proprietary estoppel. This paper will deal with these issues by analysing two cases that involve these questions. It will first address Jack’s case and whether the two objects in question are chattels or fixtures; then, it will examine a Laurence’s case and whether he can rely on proprietary estoppel or not. By dealing with the two cases, this paper will clarify questions of what constitutes a chattel or fixture, and in what situations proprietary estoppel may apply.
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)
The main method used by businesses to classify assets is to split them into tangible assets, which have a separate existence from the business (examples of which would include buildings, land and machinery), and intangibles which do not. Some clear examples of intangibles include goodwill, patents, research and development expenditure and trademarks. Intangible assets are usually created within the organisation over a period of time, by the company itself, rather than acquired from an external source and are rarely sold off individually they can normally only be sold in conjunction with associated tangible assets.
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.
There are many reason that why is it important to protect one’s intellectual property. Some of the reason are Creator being accused as a theft, Loss of Reputation, Loss of income, Loss of Asset and Loss of Authority Rights.
By definition, ownership is the act, state, or moral right of possessing something, and for the sake of reference something we be referred to as an object. It defines who we are in this society, what social class we fall into, what goals we set for ourselves in order to obtain something just as it also denotes the status of our prowess, and the result of our actions. Such a definition cannot be proven for it is an interoperation based on observations; nonetheless it is considered a moral right by most such as freedom of speech and self-defense. For instance most laws against stealing will condemn a criminal for stealing even if the criminal gets away with the crime because the thef committed a crime, and most people think stealing is wrong
What would you actually considered your stuff? Would you consider it being something that you can touch and show to people and prove it is yours. Well, Plato the famous astronomer, Aristotle, and Jean-Paul Sartre tell their opinions in what ownership is. For many centuries, prominent thinkers have pondered the relationship between ownership and the development of self identity. People never really think about what they own and what they have, but what do you actually own?
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.
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.
Intellectual property is information, original ideas and expressions of the persons mind that have profitable value and are protected under copyright, patent, service mark, trademark/trade secret regulation from replication, violation, and dilution. Intellectual property includes brand items, formulas, inventions, data, designs and the work of artists. It is one of the most tradable properties in the technology market.