Creation and Transfer of Intellectual Property Rights

Abstract This chapter examines the creation and transfer of intellectual property rights, focusing on patents, copyright, moral rights, and trade marks. It highlights the distinct processes for creating and transferring these rights, detailing patent applications, the conditions for copyright protection, and the non-transferability of moral rights. Regarding patents, the chapter discusses the application process, the territorial nature of rights, and enforcement, while also addressing challenges to validity and actions for patent infringement. The section on copyright covers its creation, assignment, and licensing, along with statutory requirements and equitable considerations. Finally, the chapter concludes with the legal frameworks for trade mark registration, transfer, and infringement, emphasizing the importance of formalities and priority rules in these processes.