What Are Incorporeal Rights?

Anbarasan Appavu

Incorporeal rights are rights to property that even though they cannot be seen or touched, they are still enforceable by law. These rights are also known as intangible rights. Copyrights, licenses, rights-of-way, and easements are all examples of the incorporeal rights. In general, incorporeal rights pertain to intangible property. Incorporeal rights are also known as intangible rights, and incorporeal property is also known as intangible property. Incorporeal rights are also known as intangible property.

What Are Incorporeal Rights?

• Incorporeal rights are rights to property that are not visible or touched, and they generally relate to intangible property. These incorporeal rights cannot be transferred from one person to another.

• The law still allows for the enforcement of these rights, which are also referred to as intangible rights.

•In general, there are two types of incorporeal rights: jura in re aliena (also known as encumbrances) and jura in re propria (also known as personal rights) (intangible property ownership).

•To the same extent as other types of rights, incorporeal rights can be delivered down through families.

How Incorporeal Rights Work

In contrast to real property, which can be quantified in a physical sense, intangible property is conceptual in its underlying nature. However, the rights that come with the incorporeal property, also known as the rights associated with intangible property, are just as legitimate as the rights that come with real property.

Even though the rights to tangible property, such as real and personal property, such as land and equipment, are examples of corporeal rights, intangible property can still have incorporeal rights attached to it (i.e. easements or rights of inheritance).

Pure intangibles and documentary intangibles are the two categories that make up the realm of intangible property. Things such as debts and the rights to intellectual property are examples of pure intangible assets. Assets that are tied to documents, such as bills of landing or promissory notes, are included in the category of "documentary intangibles." On the other hand, the distinction between pure intangibles and documentary intangibles is becoming less clear as a result of the proliferation of technology and electronic documents.

Special Considerations

In general, incorporeal rights confer on the owner a set of legally enforceable claims, either over the ownership of tangible property or over the ownership of intangible property. These claims can be either over tangible property or over the ownership of intangible property. An author who owns the copyright to their work, for instance, has the inherent right to control when and how that work can be reproduced by others.

However, the author does not actually own any rights to the completed book in any tangible sense. When a reader purchases a book, they are also purchasing tangible or corporeal rights over the book itself as a piece of personal property that can be bought, sold, or destroyed at the discretion of the owner. In this regard, incorporeal rights are distinguishable from the corporeal rights that are held over the property that is subject to those incorporeal rights.

To the same extent as other types of rights, incorporeal rights can be passed down through families. It is possible to sell intangible property, trade it, leave it in a will, or give it away. Along with the transfer of the intangible property itself, the transfer will also include the rights associated with the intangible property.

Types of Incorporeal Rights

In general, there are two distinct categories of incorporeal rights. To begin, there is the concept of jura in re aliena, also known as encumbrances, which refers to rights that are incorporeal and extend over things that are corporeal. Leases, easements, rights-of-way, mortgages, and servitudes are some examples of the types of rights that fall under this category. One can acquire incorporeal rights (also known as intangible rights) over corporeal (also known as tangible) property in this manner. One example of this is the right to enjoy a property in peace and quiet under the terms of a lease agreement that is legally binding.

The ownership of intangible property is referred to as jura in re propria, which is the second type of incorporeal right. Patents, copyrights, and trademarks are some examples of the other types of intellectual property that fall under this category of right. By doing so, one is able to have complete ownership of property that is incorporeal (also known as intangible) and does not have a visible presence in the world.

Difference between corporeal and incorporeal rights

Corporeal Rights

Corporeal rights is the ownership of physical objects.

Physical property is always perceptible and tangible.

Physical properties are perceptible to the senses. It is visible and touchable.

Examples: A house, land, automobile, bicycle, etc.

Real rights is divided into two categories:

1. Personal property (Chattels)

2. permanent property (Land and structures)

3. Real and Private property

Incorporeal rights

Intangible rights is also known as intellectual rights or conventional rights. It consists of all valuable interests protected by the law.

Intangible rights is also ab incorporeal rights.

It is not perceptible by the senses.

Patents, copyrights, trademarks, etc. are examples of incorporeal rights.

Two distinct classes of incorporeal rights exist:

1) Jurisdiction over Material things (for example patents, copyrights, trademarks etc)

2) Jura in re Aliena encumbrances, whether over tangible or intangible things, such as leases, mortgages, and servitudes, etc.


Post a Comment

Post a Comment (0)