Mirror of Justice - All about Law and More
*Home>>>Intellectual Property

: Would it be easier to defend a case regarding real property or intellectual property?


: Would it be easier to defend a case regarding real property or intellectual property?

sometimes it is very hard to defend yourself in intellectual property cases because sometimes there are no tanglible proofs. intellectual property includes the protection of various kinds of information which is sometimes hard to prove. however, according to the law, certain types of intellectual property can be easily proven. for example, if you have a trademark you can prove it is yours if you proved precedence of usage. in copyright you have to prove that you published your work first, you dont even need registration. in patents and tradedresses you must have a registration document. protection in all forms of intellctual property is renewable (except in copyrights whose protection lasts for the life time of the author and 100 years after his death)
in real property it is all different. because it depends more or less on tangible evidences and it is easir to establish your defence.

both

real due to an actual physical object
intellectual only if written and copyrights are not expired

The rules regarding real property are a lot older, and sometimes more convoluted, but there is pretty clear case precedent for almost every situation you can think of. Also, real property issues are dealt with in state courts.

IP is a relatively recent area of law, and is tricky to argue unless you happen to find a case that is directly on point. Many of the rules are still in the fuzzy areas, especially as they relate to patents and internet applications of IP law. Also, Copyrights are purely Federal law, so you're talking federal court, while Trademarks have potentially conflicting theories/rules whether you're arguing under federal TM laws or state Unfair Competition statutes.

In the end, it all comes down to whether the rules that are there are in your favor, and what areas of the law you (or your attorney) knows. If the rules are against you, or of the area of law is unfamiliar, it's going to be more difficult to defend.

Tags
  Legal Malpractice   Legal Ethics   Landlord and Tenants   Labor Law   Juvenile Law   Investment Law   Intellectual Property   Insurance Law   Immigration Law   Health Care Law   General Civil Litigation   Family Law
Related information
  • Would it be easier to defend a case regarding real property or intellectual property?

    If by "defend" you mean that my client would be being sued, I would say intellectual property provides far more opportunities for combatting allegations. FOr example, if, in a real prope...

  • Can anyone give me four different catagories for intellectual property rights ?

    Categories for intellectual property rights are: Patent, Trademark, and Copyright. I am not exactly sure what you are asking?

    ...
  • Can I register a trademark or any intellectual property online?

    Yes. here are the government websites: ...

  • In law, what does it mean by 'intellectual property'?

    In law, intellectual property (IP) is an umbrella term for various legal entitlements which attach to certain names, written and recorded media, and inventions.

    ...
  • With rampaging privatization, is the only acceptable role for government to protect private property?

    I do believe your speaking about Canada? However you have "nailed" the American culture "right on"! Corporations are nothing more than hidden "Organized Crime". As th...

  • Is it consistent to have enforceable property rights but not labor standards?

    Very inconsistent. That was one of the major issues and problems Ross Perot had with NAFTA when he was running for president in 92 and why I voted for him. Perot said that free trade isn'...

  • What are some similarities and differences between the legal protections available for real and intellectual?

    The big three limits on real property are probably Zoning, Protective Covenants, and Taxes. Zoning can tell you what use you may make of your land; for example, in a residential neighborhood,...

  • Is intellectual proprty rights in uganda today a myth?

    According to me, everything in Uganda is a myth. So why should intellectual property rights be any different?

    ...
  •  

    Categories--Copyright/IP Policy--Contact Webmaster