Intellectual Property: Definition and the Principal Types

Private and Public Law: Peculiarities and Interrelation

The simple difference between public and private law is in those that each affects. Public law affects society as a whole, while private law affects individuals, families, business and small groups.

Essentially, the difference between public law and private law is whether the act or acts affect society as a whole or an issue between two or more people.

To simplify things, public law deals with issues that affect the general public or state - society as a whole. Some of the laws that its wide scope covers are:

Administrative laws are laws that govern government agencies, like the Department of Education etc. Constitutional laws are laws that protect citizens' rights as afforded in the Constitution. Criminal laws are laws that relate to crime. Municipal laws are ordinances, regulations and by-laws that govern a city or town. International laws are laws that oversee relations between nations.

Private law is different. Private law affects the rights and obligations of individuals, families, businesses and small groups and exists to assist citizens in disputes that involve private matters. Its scope is more specific than public law and covers:

Contract law - governs rights and obligations of those entering into contracts. Tort law - rights, obligations and remedies provided to someone who has been wronged by another individual. Property law - governs forms of property ownership, transfer and tenant issues. Succession law - governs the transfer of an estate between parties. Family law - governs family-related and domestic-related issues.

Spheres of Law

Law is a system of rules and guidelines, usually enforced through a set of institutions. There are many smaller, more specialized areas of the law that require specific lawyers with special qualifications such as:

Intellectual Property ? the area of law protecting one?s creative ingenuity through copyrights and trademarks.

Science & Biotechnology ? the area of law concerning the testing, engineering and commercialization of genetic material and pharmaceuticals.

Media Law ? the area of law concerning the publication and administration of magazines, newspapers and publishing companies.

Environmental & Planning Law ? the area of law concerning the urban, recreational and large scare environments with the purpose to preserve and prevent destruction through development.

Animals, Farming & Agriculture ? this area of the law concerns the food source supply and demand as well as animals rights and environmental preservation through responsible farming methods.

Maritime & Admiralty Law ? this area of the law concerns domestic and international waters and primarily focuses on the rights and responsibilities of shipping companies, but also concerns the transport of passengers and marine navigation.

IT ? this area of law concerns the regulations guiding internet, software and broadcasting companies.

Human Rights ? this area of law concerns the protection of basic rights and endeavours to guarantee equality for all individuals based on age, gender, orientation, race, religion, creed, nationality, colour or disability.

Intellectual Property: Definition and the Principal Types

Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.

IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.

Copyright is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings. A patent is an exclusive right granted for an invention. Generally speaking, a patent provides the patent owner with the right to decide how − or whether − the invention can be used by others. In exchange for this right, the patent owner makes technical information about the invention publicly available in the published patent document. A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks date back to ancient times when craftsmen used to put their signature or "mark" on their products.

Family law

Family law is a practice area that encompasses the legal issues that face families. These issues include:

• divorce
• spousal support
• child support
• custody
• division of assets and liabilities due to divorce

• adoption
• termination of parental rights
• paternity
• dependency and child neglect
• protection from abuse

Date: 2016-06-12; view: 397