14 research outputs found
Servitudes of Intangible Properties
181-188The outer limit of intangible property rights
has been a well- debated question since time immemorial. How encompassing is it
against the rights of similar property holders? What is the real border of each
right holder, which controls and shares the intangible net of rights? There have
been attempts to answer these questions since the days of common law practices to
the developed written legal systems. All the statutes relating to intellectual property
rights (IPR) tried to define the rights conferred. However, a definition cannot
demarcate the boundaries of the lights clearly, therefore it is always prone to
disputes between various property owners. This overlapping of rights of one over
the domains of others has been a major cause of dispute, irrespective of the nature
of the property, both tangible and intangible. This paper is mainly confined to
conflicting domain names issues; perhaps the solution suggested may be applied
for other kinds of intangible property conflicts as well. It also states that
intangible rights in the Internet cannot be regulated by applying the same principles
laid out in management of other intellectual property rights