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5 - The ABCDs of Intellectual Property: Flow and Infringement of Rights

Published online by Cambridge University Press:  05 June 2012

Michael A. Gollin
Affiliation:
Venable LLP, Washington DC
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Summary

This chapter gives a broad conceptual overview of the transfer of intellectual property from A to B to C to D, and how it relates to the innovation cycle. The summary includes the types of rights that can flow, how they can be transferred in whole, or in part, and the nature of joint works and collaborations. Transfer of IP rights provides users of innovations with sufficient permission for their activities. Infringement can be understood as an absence of such permissions. Liability for infringement can flow in a similar fashion to the flow of IP rights. The topics of this chapter are revisited in Chapters 14 and 15.

In a broad sense, laws in most countries treat the various types of intellectual property rights like any other type of property – land, buildings, lumber, crops, electronics, cars, money, or stock certificates. That is, people can buy or sell intellectual property, use it, profit from it, and exclude others from using it. However, the transfer and flow of intellectual property has its own general rules, and each particular intellectual property “tree” has its peculiarities.

The transfer of ideas from creator to developer to consumer is a complex process that is crucial to how the innovation cycle operates. The channels of distribution for the rights may be commercial markets, or noncommercial channels such as educational, academic, or governmental agencies.

Type
Chapter
Information
Driving Innovation
Intellectual Property Strategies for a Dynamic World
, pp. 84 - 96
Publisher: Cambridge University Press
Print publication year: 2008

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