Intellectual Property Law Essay Example | Topics and Well Written Essays - 4000 words

quick Property Law - Essay ExampleAn understanding of the philosophical premises behind Property rights ar necessary in the understanding of the tug of war between the owners and the wasting diseasers of in tangible information.1 Legal Commentators have ofttimes expressed their doubts as to whether these rights are actually rights or privileges as Machlup and Penrose have noted2 ... those who started to use the word plaza in connection with inventions had a very definite purpose in mentality they wanted to substitute a word with a respectable connotation, property, for a word that had an unpleasant ring, privilege. quick-witted property as a property thus is an intangible category of property with boundaries that are not always clear cut and which must be actively hold uped by the holder against infringements. 3 tactual property is however visible and documented, and the boundaries are more advantageously given than for mind property.4The practice of law has demonstrable to protect a person who holds certain intellectual property will be able to defend this property only if he/she is granted a particular right over this property. For example in relation to patents the rights are defined by the patent authorities based on what is defined in the patent claims.Like other property (tangible) one has to pay certain fees in golf-club to have their intellectual property claim examined and determined and also of continuance fees paid.5The concept of property rights thus stems from the ideas of John Locke.6Furthermore the notions of property rights developed in the 18th century as one of the core civil rights parallel to-and in return reinforcing-the right to conversancy.7However, most philosophers have put forward the notion that property is not a internal right but rather a deliberate construction by society in order to secure protection against pressure from the collective.8Subscribing to the view that property is justified as a foundation for liberty a nd personal security which provides incentives for long-term investments.Also that if these rights are not balanced or protected they will change economic growth and poverty reduction.as unpredictable property relationships always impeded impede economic growth.9Revisiting the tangible and intangible discussion between property it can be seen that it has been argues that while tangible property rights easily cause conflict this is not the case with as the popular notion with in the case law is that no patent can stop a person from continuing something he has done in advance10.However the problem arises before the courts when the patent claims do not just include what is actually new and invented and this causes problems in identifying what is known and whether existing processes and products would infact infringe the patent.There is a marked certainity thus despite the legal framework with weigh to which activities are acceptable and which activities might infringe the patent. A granted patent right is considered to fall in spite of appearance the scope of possessions inArticle 1 of Protocol No. 1 to the European Convention on Human Rights andFundamental Freedoms. However, the European Court of Human Rights has declined to give an opinion on whether a patent application