Evolution of Health Care Systems

1524 Words Aug 26th, 2013 7 Pages
Contracts and licenses
Contracts and licenses are not themselves intellectual property and are generally considered to be a distinct discipline, not part of the same area of law as intellectual property.
Nevertheless, contracts are essential to our system of intellectual property. They are the means by which you share intellectual property.
Contracts and licenses are the means by which people let their intellectual property out in a controlled way.

Importance

Normal people interact with contracts on a daily basis. There are contracts for cell phone service, contracts for parking your car, and contracts for starting a job. Each time you pay with a credit card, you are entering a contract.

Contracts are also everywhere in the
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Property has certain legal privileges associated with it, in particular the right to seek a court order—an injunction—enforcing your control over that property.

In the context of intellectual property, control is usually defined by use. That means that intellectual property owners have the ability to ask a court to forbid anyone else’s use of their patents, copyrights, or other IP. If someone else starts exercising control over (using) the intellectual property without permission, that use is said to infringe on the property owner’s exclusive rights.

A license can be thought of as permission to use someone else’s property. In a contract context,a license is an agreement in which one of the terms of the agreement is permission by the property holder to use the property.

Relative to intellectual property, this license has three practical effects:
• It gives people permission to use someone else’s intellectual property.
• It allows intellectual property holders to put bounds and conditions on the use of their intellectual property. The most common of these conditions is “pay money,” but other restrictions are also allowed. For example, many software licenses have restrictions on where and how the software is used and against reverse engineering.
• It allows intellectual property holders to exercise their property rights if the bounds and conditions on the license are not met.
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