Intellectual property rights
Intellectual Property Rights

Intellectual property rights is a term used to collectively refer to various rights which are:

1. copyright
2. patents
3. trade marks
4. rights in designs
5. rights in databases
6. confidential information and trade secrets
7. passing off
8. performers' rights
9. recording rights

Intellectual property rights by their nature "preventative" rights. They entitle the owner to prevent third parties from performing acts in respect to the material in which the rights exist.  These are known as "exclusive rights" and form the basis of the monopoly granted by the intellectual property rights.

Each of the different areas of intellectual property have different criteria for subsistence, and the different rights may overlap with one another. For instance, a customer list owned by a company may by protected by copyright and qualify for protection as confidential information.

The rights may be licensed to third parties for use by them - these are in the nature of permissions to use and are usually granted by contract. Exclusive licences in most instances must be granted in writing by the owner, and in any event licences generally should be recorded in writing by contract.