Oxford, United Kingdom

Intellectual Property Law and Practice

Language: English Studies in English
University website: www.ox.ac.uk
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Intellectual
An intellectual is a person who engages in critical thinking, research, and reflection about society and proposes solutions for its normative problems. Some gain authority as public intellectuals. Coming from the world of culture, either as a creator or as a mediator, the intellectual participates in politics either to defend a concrete proposition or to denounce an injustice, usually by rejecting, producing or extending an ideology, and by defending a system of values.
Intellectual Property
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect, and primarily encompasses copyrights, patents, and trademarks. It also includes other types of rights, such as trade secrets, publicity rights, moral rights, and rights against unfair competition. Artistic works like music and literature, as well as some discoveries, inventions, words, phrases, symbols, and designs, can all be protected as intellectual property. It was not until the 19th century that the term "intellectual property" began to be used, and not until the late 20th century that it became commonplace in the majority of the world.
Law
Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.
Property
Property, in the abstract, is what belongs to or with something, whether as an attribute or as a component of said thing. In the context of this article, it is one or more components (rather than attributes), whether physical or incorporeal, of a person's estate; or so belonging to, as in being owned by, a person or jointly a group of people or a legal entity like a corporation or even a society. Depending on the nature of the property, an owner of property has the right to consume, alter, share, redefine, rent, mortgage, pawn, sell, exchange, transfer, give away or destroy it, or to exclude others from doing these things, as well as to perhaps abandon it; whereas regardless of the nature of the property, the owner thereof has the right to properly use it (as a durable, mean or factor, or whatever), or at the very least exclusively keep it.
Property
As Nozick acknowledges, a modern state should not feel morally constrained by property holdings which might have had a Lockean pedigree but in fact do not. In this regard it is interesting that one of the main uses of Lockean theory these days is in defending the property rights of indigenous people—where a literal claim is being made about who had first possession of a set of resources and about the need to rectify the injustices that accompanied their subsequent expropriation.
Jeremy Waldron, Stanford Encyclopedia of Philosophy article “Property and Ownership”.
Law
Inertis est nescire, quid liceat sibi.
Id facere, laus est, quod decet; non, quod licet.
It is the act of the indolent not to know what he may lawfully do. It is praiseworthy to do what is becoming, and not merely what is lawful.
Property
Humanity ... is never stationary. Its progressive march leads it to equality. Its regressive march goes back through every stage of privilege to human slavery, the final word of the right to property.
Louis Auguste Blanqui, in "August Blanqui, Heretical Communist," Radical Philosophy 185 (2014)
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