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

Meera, a Pune-based software developer, writes original source code for an inventory app and posts nothing publicly. Her friend copies the code and sells it. Meera argues that the code is her property even though it has no physical form. Which statement best describes the nature of the right she holds?

Meera holds an intangible property right resulting from her intellectual creation. Such rights are enforceable against everyone, not only contracting parties, and the device storing the code does not make the right tangible. Hence the first option correctly describes the nature of intellectual property.

  1. AIt is an intangible property right arising from her intellectual creation, enforceable against othersCorrect
  2. BIt is a tangible property right because the code is stored on a device
  3. CIt is a mere moral claim with no legal enforceability
  4. DIt is a contractual right that exists only against parties who signed an agreement with her

Explanation

Intellectual property is a form of intangible property created by the human intellect. Rights in the code are enforceable against the world at large (in rem), not only against contracting parties. Storage on a device does not make the right tangible; the device is merely a medium.

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