Real And Intellectual Property Essay

1637 words - 7 pages

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 of the public. However, zoning must be fully abide by the constitution and due process; hence, grant compensation and equal protection (Nation, Year).Next, eminent domain is used to complete public developments such as roads. Using eminent domain the government can take land from even the most resistant owner. The property is then taken specifically for public usage. However, the Fifth Amendment guarantees the landowner compensation. Therefore, the landowner receives compensation similar to the rules of zoning (Meiners, Ringleb, & Edwards, 2006).In respect to owners and their properties, the California Appellate Court, on May 28, 2003, stated their recommendation for a case involving the ownership of real property. Here the 5th district appellate court reversed the decision, made by the lower courts, that Trax Bar and Grill held no responsibilty for the safety of its clientele. This remanded final decision held that Trax Bar and Grill did not have the ability to foresee or prevent, any or all, of Michael Woolery Delgado's injuries (Find Law,...

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