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Real and intellectual property laws

1. Why is the title to real property permanent whereas some intellectual property is limited in the time that it is protected?

2. I know that owning real property does not mean that all rights are protected. Can you show me some examples of where rights are limited in the ownership of land or personal property.

3. What is the difference between copyrights, trademarks, and patents?

4. How do servitudes and easements get put into place?

5. How can they be protected?

6. Why are they important?

Solution Preview

Hi there!

Great questions here. Let's tackle them one by one!

1) The public policy rationale for protecting intellectual property in a different way than real property is that IP laws facilitate and encourage the pursuit and disclosure of innovation into the public domain for the common good. An incentive is created by granting authors and inventors exclusive rights to exploit their works and invention for a limited period. The period is limited so that a monopoly is not created and a free exchange and pursuit of ideas can still exist. Real property is typically private property and does not benefit the common good, and so its protections are different. However, do note that title to real property is not necessarily permanent: private property can be seized in certain instances by the government under eminent domain. Property owners can also sell or devise the title to their real property.

2) There are several ways in which property ownership rights are limited. One way is through zoning: It is now well established that states and municipalities have the police power to zone land for designated uses, even though this affects the use of property and subjects the owner to the expense of compliance. Examples include a maximum height for buildings, mandatory preservation of open space, and the amount of feet between houses. Another way rights can be limited is through ...

Solution Summary

Real and intellectual property laws are assessed in this 900 word solution, including information on limited rights, copyrights, trademarks, and patents, and the use and importance of servitudes and easements and how they can be protected.

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