Property law And Intellectual Property Rights- 17 Flashcards
TTIP
Time
Title
Interest
Possession
Joint tenancy , more restrictive arrangement that includes right of survivorship and these principles apply
Mortgage
Security interest in real property
To be effective:
Written
Description
Signed by mortgage and delivered to mortgagee
Notice race
Upon default by the mortgage the mortgage may foreclose on the property
RESPA
Regulates mortgage lenders
Real estate settlement procedures act of 1974
Leases
Lessee can assign or sublet unless specified in agreement that they can’t
Assign us transfer to another, assigner wloses right to premises but keeps obligation to owner
Sublet- separate contract made by lessee to transfer portion to sub lessee ex of going on vacay and letting someone live there temporarily
Landlord warranties
Right of possession
Warranty of enjoyment
Warranty of habitability up to code
Residential lease agreement …
Parties involved
Lease pmt amt
Lease term
Description of the leased property
Technological means of protection
Copyright
Patent
Trademark
Copyright
An exclusive right to reproduce and distribute a creative work
Valid for life of the creator +70 years
Fair use doctrine
Allows the reduction of the work that has been copyrighted if it is for a purpose that is considered fair, such as criticism or comment, news reporting, or teaching or research
No electronic theft act NET
Enacted in 1997 to make a crime to in French a copy right over the Internet. Punishable by up to three years in prison and a fine up to 250,000
Digital millennium copyright act of 1998
Pirating protection, but text service providers from liability from the actions of their users. Prohibits An authorized access to copy righted digital works and the circumvention of access control. Protects ISPs from liability if they take reasonable steps to prevent or properly react to infringement
Patents
Utility- invention
Design- new original and ornamental design for an item to be manufactured
Plant - discovery of new plant variety
Utility and plant patents are valid for 20 years
Design for 14 years
