Intellectual rights
Encyclopedia
Intellectual rights is a term sometimes used to refer to the legal protection afforded to owners of intellectual capital
. This notion is more commonly referred to as "intellectual property
", though "intellectual rights" more aptly describes the nature of the protections afforded by most nations.
Both terms were used in Europe
during the 19th century as a means of distinguishing between two different views of intellectual protection. "Intellectual property" was generally used to advocate a belief that copyright
s and patent
s should provide rights akin to physical property rights. The term "intellectual rights" was used by those who felt that such protection should take the form of temporary, limited grants.
Although most modern copyright systems do not treat copyrighted or patented materials in the same way as real property, the term "intellectual property" has gained prominence. For more on this subject, see "intellectual property
".
Also, at least three different kinds of capital and rights are involved:
All three capital terms predate the term intellectual capital
, which appears to be a 19th century artifact of early, now-discredited, economic theory.
In 20th century Europe also originated another more modern approach, intended to sweep away the differences between the historical "Intellectual Property
" and "Intellectual Rights" camps, allowing every creator both perpetual and temporary rights:
Note that this is one of the chief differences between U.S.
and EU approach towards IPR up till the early 21st century, in that the crystallisation of this modern approach (the Berne Convention for the Protection of Literary and Artistic Works
) is still only partially put in practice in the U.S.
, and, where applied, this is done largely outside the legislation regarding IP
.
Intellectual capital
The value of an enterprise is made of physical assets, various financial assets and, finally, intangible assets, i.e., intellectual capital . The term intellectual capital conventionally refers to the difference in value between tangible assets and market value. ....
. This notion is more commonly referred to as "intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
", though "intellectual rights" more aptly describes the nature of the protections afforded by most nations.
Both terms were used in Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
during the 19th century as a means of distinguishing between two different views of intellectual protection. "Intellectual property" was generally used to advocate a belief that copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
s and patent
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
s should provide rights akin to physical property rights. The term "intellectual rights" was used by those who felt that such protection should take the form of temporary, limited grants.
Although most modern copyright systems do not treat copyrighted or patented materials in the same way as real property, the term "intellectual property" has gained prominence. For more on this subject, see "intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
".
Also, at least three different kinds of capital and rights are involved:
- creativity (individual capitalIndividual capitalIndividual capital, also known as human capital, comprises inalienable or personal traits of persons, tied to their bodies and available only through their own free will, such as skill, creativity, enterprise, courage, capacity for moral example, non-communicable wisdom, invention or empathy,...
) which implies rights to benefit from one's free expression - invention (instructional capitalInstructional capitalInstructional capital is a term used in educational administration after the 1960s, to reflect capital resulting from investment in producing learning materials....
) which implies rights to benefit from having created some more efficient device or process - reputation (social capitalSocial capitalSocial capital is a sociological concept, which refers to connections within and between social networks. The concept of social capital highlights the value of social relations and the role of cooperation and confidence to get collective or economic results. The term social capital is frequently...
) which implies rights not to have one's name or specific distinguishing tagline or ethic sullied by imitators or rivals
All three capital terms predate the term intellectual capital
Intellectual capital
The value of an enterprise is made of physical assets, various financial assets and, finally, intangible assets, i.e., intellectual capital . The term intellectual capital conventionally refers to the difference in value between tangible assets and market value. ....
, which appears to be a 19th century artifact of early, now-discredited, economic theory.
In 20th century Europe also originated another more modern approach, intended to sweep away the differences between the historical "Intellectual Property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
" and "Intellectual Rights" camps, allowing every creator both perpetual and temporary rights:
- Moral rights became the unalienable part of the rights every author was entitled to. These rights could generally not be waivedWaiverA waiver is the voluntary relinquishment or surrender of some known right or privilege.While a waiver is often in writing, sometimes a person's actions can act as a waiver. An example of a written waiver is a disclaimer, which becomes a waiver when accepted...
; - All other intellectual property rights were to become both limited in time and tradeable.
Note that this is one of the chief differences between U.S.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and EU approach towards IPR up till the early 21st century, in that the crystallisation of this modern approach (the Berne Convention for the Protection of Literary and Artistic Works
Berne Convention for the Protection of Literary and Artistic Works
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland in 1886.- Content :...
) is still only partially put in practice in the U.S.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, and, where applied, this is done largely outside the legislation regarding IP
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
.