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CS Professional · Intellectual Property Rights - Law and Practice · Introduction to Intellectual Property

Kalyani Textiles of Surat has used a distinctive logo for ten years and wants to know how IP rights in it differ from rights over its factory land. Which feature is characteristic of intellectual property but not of land?

A characteristic feature of intellectual property is that it is non-rivalrous, so many people can use it at once without depleting it, while protection is territorial. Land is physical and exclusive in use. IP rights are also transferable and are not automatically valid worldwide.

  1. ARights are generally territorial and can be enjoyed by many persons at the same time without the subject matter being depletedCorrect
  2. BThe owner can never transfer the right to anyone
  3. CThe right can exist only in physical objects
  4. DThe right is automatically valid worldwide in all countries

Explanation

IP is non-rivalrous: many persons can use an idea or mark simultaneously without exhausting it, unlike land. Protection is territorial, depending on each country's law. IP rights can be assigned or licensed, and are not valid worldwide automatically.

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