Law · Legal Information · Justice
 

Intellectual Property

As a type of property, intellectual property has that unique characteristic of being ethereal; of the mind, intangible, with no corporeal existence; hence, 'intellectual property'.

As a type of property, intellectual property (IP) has that unique characteristic of being ethereal; of the mind, intangible, with no corporeal existence; hence, "intellectual property".

With a tangible object, property rights extinguish when the object is destroyed.

With IP, since there is nothing physical, property only lasts for as long as the law says it lasts.

Intellectual property (except for trade secrets or TS’s) is governed by federal and international treaty legislation (and not, local, state or provincial governments) and in the result, there is uniformity of law from coast to coast.

The federal government apparatus for the reservation and protection of IP rights is all federal or international including the relevant registrars and administrative tribunals.

What matters to the law are legal rights and on that score, IP are ownership or monoploy rights recognized in law in an original expression of an idea or concept, be it an invention (patent), this web page (copyright) or the Coca-Cola bottle (industrial design).

When a widget is stolen or destroyed, the owner is deprived of the object and prooerty rights, per se, have vanished with the item. Intellectual property rights, given their nature, cannot be destroyed by hammer.

Intellectual property is sometimes referred to in common language as "industrial property".

The three traditional intellectual property rights are patents, copyrights and trademarks. They are all creations of statute where, to encourage creativity and scientific spirit, the government recognizes and will enforce the public expression of an original idea for a limited period of time.

To this traditional list, depending on the jurisdiction, have been added industrial design and computer chips (integrated circuit topographies).

The common law has chipped in a unique form: trade secrets, which have no statutory parent but which, through contractual and tort remedies, can protect intellectual property.

With apologies to Albert Einstein, intellectual property, which I hereby declare a copyright© on (or would that be a patent?!) can thus be expressed as follows:

IP = P + © + ™ + TS + (ID + ICT)

Another tidbit of need-to-know IP info: although the theory behind IP is that the inventor owns the monopoly, IP created pursuant to employment are presumed to belong to the employer subject to an agreement to the contrary.

 


Are we missing anything? If you think there is a term that should be included, please send us the suggestion

  • Dictionary
  • Resources
  • LawMag

Latest LagMag headlines:

H1N1 Law - Swine Law for a Swine Flu

In a state of public health law anarchy, professional hockey players receive a killer flu vaccine while infants and pregnant women wait.

The Death of the Common Law: Expiry date, 2100

Just about now, but for the economic might of the United States of America, the last funeral bell tolls of the common law would be fading.

Gretzky Law

The recent Phoenix Coyotes debacle, in which he left behind his job, is not the only time Wayne Gretzky has had to leave from the side exit of a courtroom.


Read earlier headlines »
Subscribe to stay in touch »

Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

top