Acquisition by Creation

Question 1

Intellectual Property

Answer 1

Intangible property

Patents, copyrights, trademarks

Question 2

General Rule

Answer 2

“In the absence of some recognized right at common law, or under the statutes . . . a man’s property is limited to the chattels which embody his invention. Others may imitate these at their pleasure.”

Question 3

Common Law for Intellectual Property

Answer 3

The dress and mac n cheese are your property – but not the idea for the design or the recipe

Question 4

INS v. AP

Answer 4

A quasi-property right exists in published news such that appropriating the published news gathered by another for further commercial purposes constitutes unfair competition in trade.

Question 5

Why did the Ct. assign quasi-property rights here?

INS v. AP

Answer 5

REWARD THE LABOR THEORY

The news industry would end if no one would profit.

Like Ghen, Ct. wanted to protect an industry

Ct. will treat certain things as property because they are vital to society.