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Why is the title to real property permanent whereas some intellectual property is limited in protection? |
Why is the title to real property permanent whereas some intellectual property is limited in protection? Because they arose in different historical periods. First, all western property law starts with feudalism. Under strict feudalism real property ownership did not exist; it was a grant from the lord (not God, the land lord) to his vassal for a certain period limited by time or certain events. Over the years, vassals kept pressuring for extension of these terms, first for life; then to the lives of their children, then their descendants (heirs); then to anyone they could sell it to and their heirs. As you can see this last is essentially what we now call "ownership." intellectual propberty and private property are all invented things. |
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