Does the Protection of Intellectual Property Need Need Formal Justification

Topics: Copyright, Trademark, Intellectual property Pages: 4 (1089 words) Published: December 9, 2012
What is intellectual property? In its common and purest sense, it is the tangible product of human mind and intelligence entitled to the legal status of personal property. As Chaffe stated, ‘The man who brings out of nothingness some child of his thought has right s therein which cannot belong to any other sort of property’. One textbook defines the intellectual property as ‘the novel product of human intellectual endeavour’. Yet, the use of the term ‘property’ to describe intellectual products implies the existence of rights and, perhaps more importantly, remedies in respect of the property and any unwarranted interference with it. In its simplest form, intellectual property is the rights under the law possessed by the people who create the achievements through their own intelligences. Intellectual property is divided into two categories: Industrial property, which includes inventions (patents), trademarks, industrial designs; and Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures. What is intellectual property law? It is the legal protection for the intellectual property; it includes a wide range of forms. There are large numbers of intellectual property rights exist to protect each type of intellectual property: Patent law protects inventions; Copyright law is design to protect aesthetic and artistic creations such as literary, musical, dramatic and artistic works; Design law protects the ‘looks’ and/ or ‘functions’; Trade marks mean to distinguish the goods and services of one company from those of another; Passing off protects the reputation; Law action of breach of confidence provides ancillary support in the protection of the interests of intellectual property producers, especially when the information about the intellectual property must be kept out of the public domain. Why legal protection for intellectual...
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