Real and Intellectual Property

Essay by n_madejCollege, UndergraduateA, April 2007

download word file, 7 pages 4.0

Whether a person owns real property or is the inventor of an intellectual property the property in question can and should be safeguarded. Each individual may claim exclusive rights to either form of hi/her property. Because real property is tangible and intellectual property is intangible each property submits to dissimilar authentication. Whereas real property requires a deed or title, intellectual property may require registration. Therefore, even the extent to which each type of property is protected is different (Meiners, Ringleb, & Edwards, 2006).

Real property includes real estate and the ownership of such immovable property. This immovable property includes the land, underneath the land and effects of the land. Furthermore, an individual becomes owner upon the acquisition of a deed and/or title. However, owning real property does not warranty the total protection or permanence of all ownership rights. To this end, certain properties may be seized (Meiners, Ringleb, & Edwards, 2006).

To this aim, real property is, on average, private property that does not benefit the public. This factor makes a distinction between real and intellectual property. Incentives and laws (patents, copyrights and trademarks) are granted to authors and inventors for a limited time only. These time limits grant other authors and inventors the freedom to express their ideas and inventions; thus, no monopoly is created. However, real property is not so limited in the duration of such guarded, but limited, ownership. Conclusively, intellectual property may benefit others but real property tends not to (Meiners, Ringleb, & Edwards, 2006).

There are two main reasons in which the right of a property owner is limited. Beginning with tenth amendment, cities and states have been given police power to zone land for select usage. The reasoning for zoning may be to regulate and protect the interests, health and welfare...