CS Professional · Intellectual Property Rights - Law and Practice · Introduction to Intellectual Property
Rohan, a software developer in Pune, sells his only laptop containing the source code of his app to Kabir. The sale deed says nothing about the app's copyright. Which conclusion is correct on the nature of intellectual property?
Ownership of the physical laptop is separate from ownership of the intellectual property in the code. Without an assignment of copyright, Rohan remains the owner of the copyright, while Kabir only owns the machine and the copy of the code stored in it.
- ACopyright in the source code automatically passes to Kabir with the laptop
- BOwnership of the physical laptop and ownership of the intellectual property in the code are distinct, so copyright stays with Rohan unless assignedCorrect
- CCopyright is destroyed once the laptop is sold
- DKabir becomes the author of the code by owning the laptop
Explanation
IP rights are distinct from ownership of the physical object embodying them. Transfer of the laptop does not transfer copyright unless a written assignment exists. Option A confuses the medium with the right.
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