CASE ANALYSIS

Now that we understand what each type represents, we can analyze what happens with IP rights in each permutation of types, this is, in each case.

Case #1 - Homesteading / Wishing to retain ownership

This is the case where the medium carrying IP information can be homesteaded (i.e. owned) by other people. It is also the case where the owner of the absolute rights to the…

INTELLECTUAL PROPERTY TYPE ANALYSIS

Introduction

Before we begin with the analysis of the different types of IP we need to clarify that types of IP scenarios assume that the owner of the absolute IP rights intends to obtain some sort of economic benefit from them. In other words, said IP will leave the owner's brain. This is necessary because if the IP never leaves the owner's brain, the chance the…

CONTRACT THEORY - CONT'D

Transmission process and ownership

Now that we have established that IPs are economically meaningless without a transmission medium we need to take a closer look at how exactly does this transmission takes place. In order to help us in this quest, we will make use of a simple scenario.

Let's first assume that the owner of the idea owns the transmission medium. Joao has written…

CONTRACT THEORY

Basic Theory

We have explained contract theory to some length in our article Contracts Are The Key To Coexistence. We won't repeat that information in here. What we will do is to emphasize contract theory elements that are relevant to IPs.

Our definition of contract is, again: A contract is a voluntary permission given to a party in an agreement to commit infringement against the other party's property.…