Establishing Possession

Question 1

Effective Control

Answer 1

1. Establish actual control (no actual possession needed)
2. Signal intent to maintain control, in some culturally recognized fashion

Question 2

Intent to maintain control

Answer 2

To maintain possession, possessor does not need to remain in continuous control, but must communicate an OBJECTIVE intent to maintain control

Question 3

Finder

Answer 3

One who finds property. Avoids incentivizing theft, to incentivize use and investment. Has a claim to the property against everyone except the original owner

Question 4

Converter

Answer 4

One who takes property and transforms it materially into a different kind of property. 1st converter has rights over the 2nd to avoid an endless chain of converters

Question 5

Discovery (Think explorers)

Answer 5

Conquest is a culturally recognized granting of title. Native Americans had no title, but rather the US obtained land titles from the European countries who conquered

Question 6

Trademark

Answer 6

Identifies a brand or source. Protected to avoid consumer confusion, protect product integrity, and reduce search costs. Balance between consumer confusion and freedom of expression

Question 7

Patent

Answer 7

New and useful invention. Must be novel, have utility, and non-obvious to someone who is experienced in that area

Question 8

Copyright

Answer 8

Ideas fixed in a tangible expression. Does not apply to the facts or ideas, but rather the way they are expressed.

Test: independent creation + minimal degree of creativity = originality

Question 9

Trade Secrets

Answer 9

A competitive advantage one company holds via protected information.

Question 10

Right to Publish

Answer 10

INS v. AP: 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 11

Accession

Answer 11

When someone owns property rights and then gains property rights in subsequent property that came from the first

Question 12

Types of Accession

Answer 12

1. Offspring: Livestock gives birth, owner of livestock now owns baby
2. Doctrine of Accession: If a good faith finder/converter transforms property, they may get some property rights
   - REQUIRES trasnformation and value increase as it can be hard to prove OG owner (grapes to wine), plus implies labor from finder/converter
   - DOES NOT APPLY TO LAND

Question 13

Adverse Possession & why allowed

Answer 13

Claiming title to land you do not own because of continuous, open, and notorious use of the land. Typically 20 years.

Why allowed? So owners don’t sleep on property rights, prevent unjust enrichment, and utilitarian use of land