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LAWS 3202 Intellectual Property.odt

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Carleton University
LAWS 3202

Property sole or despotic dominion fucking mine which one man claims exercises over external things in world Not a thing bundle of rights that govern an owner and nonowners relationship to something Relationship about control Controloriented social relationship that is recognized by law Property is a type of power relationship The rights of property right to possess use exclude others and dispose of something Ownershipproperty rightssuppoerted by social norms that enablelimit control relationship over things between persons Types of property real personal and intellectual Intellectual Property nonphysical property which tems from is identified as and whose value is based upon some idea or ideas where idea means some unique product of cognitive effort Basic function attaching ownership to utility value of an idea through property rights Intellectualintangible cant touch that shitresult of mental creativity symbolic v impericalnovelty new different and uniqueright of exclusion intellectual property rights are a negative rightallows you to stop someone else from using your ideaall forms of IP rights involveelement of novelty creativity tangible expression fixation public interest in the right bargain creates exclusivity monopoly limited terms territorialityideas no subject to IPRS common ideas lack noveltyextraordinary ideasempirical truthslegal positivismlaw is socially constructed people made not based on natural rightslaw is perspectiveanything not specifically limited by lawnot illegallegal positivism in intellectual property rights IP is property created by specific legal regimeslaw defines the extent and limitations of forms of IP IPR granted by statutes do not occur naturally Why have intellectual property intangibility cannot by physically possessdnot scarified by consumption nonexclusivenonrivalrousvalue not tied to physical exhaustibility ip is a way to attach and commodify value to social products that originates from non physical work
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