Intellectual property in Radictistan: Difference between revisions
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''' | '''{{wp|Intellectual_property_rights|Intellectual property rights}} (IPRs)''' are limited in [[Radictistan]] compared to most other countries. Radictistani law considers {{wp|Copyright|copyrights}}, {{wp|Patent|patents}}, and other instruments as licenses rather than units of property. Patent and copyright violations are common in Radictistan with law enforcement action rare due to the law's limited scope of protection for foreign works. | ||
==National legal framework== | ==National legal framework== | ||
Radictistani law does not recognize ownership over intangible assets such as creative works. Instead copyrights, trademarks, and similar devices are treated as licenses granted by the government for the exclusive use of such assets. Therefore patents, copyrights, and trademarks cannot be freely | Radictistani law does not recognize ownership over intangible assets such as creative works. Instead copyrights, trademarks, and similar devices are treated as licenses granted by the government for the exclusive use of such assets. Therefore patents, copyrights, and trademarks cannot be freely {{wp|Alienation_(property law)|alienated}}, only licensed according to the restrictions placed by contract law. Monopolies on intellectual assets are similarly non-inheritable; when a holder dies (or in the case of a corporate holder goes through liquidation) the monopoly license dies with them. Intellectual monopolies can only be acquired through registration with the [[Radictistan Patent, Trademark, and Copyright Office]]. Foreign properties can only receive legal protection in Radictistan if they are registered in the country. | ||
===Patent law=== | ===Patent law=== | ||
Patent law in Radictistan is governed by the Patent Act and relevant | Patent law in Radictistan is governed by the Patent Act and relevant {{wp|Case_law|case law}}. Patent protection lasts for fifteen years. Radictistani law on {{wp|Patentability|patentability}} is stricter than that of most other countries. {{wp|Software_patent|Software}} and {{wp|Business_method_patent|business method patents}} are prohibited, as are {{wp|Design_patent|design patents}}. {{wp|Biological_patents|Biological patents}} are generally not permitted. Legal standards for {{wp|Novelty_(patent)|novelty}} are also high. Patent infringement is not a criminal offense in Radictistan but monetary damages can be sought in civil court. The Radictistani government maintains the prerogative to suspend or revoke patents "for the purpose of furthering the national interest." | ||
===Trademark law=== | ===Trademark law=== | ||
Trademarks in Radictistan are governed by the Trademark Act and case law. Unlike copyrights and patents, trademarks last | Trademarks in Radictistan are governed by the Trademark Act and case law. Unlike copyrights and patents, trademarks last indefinitely. However, they can be revoked if it can be shown that the trademark holder is not diligently enforcing their rights. | ||
===Copyright law=== | ===Copyright law=== | ||
Copyright Law in Radictistan is governed by the Copyright Act and relevant case law. The copyright term is twenty-five years. Copyright infringement is not a criminal offense in Radictistan but monetary damages can be sought in civil court. Works created by government employees, members of parliament, and other government actors as part of their official duties are ineligible for copyright.<ref>This restriction does not extend to government-owned corporations such as the [[Radictistan Broadcasting Service]], which can register properties under normal rules.</ref> Works used for religious instruction are also ineligible for copyright protection. | Copyright Law in Radictistan is governed by the Copyright Act and relevant case law. The copyright term is twenty-five years. Copyright infringement is not a criminal offense in Radictistan but monetary damages can be sought in civil court. Works created by government employees, members of parliament, and other government actors as part of their official duties are ineligible for copyright.<ref>This restriction does not extend to government-owned corporations such as the [[Radictistan Broadcasting Service]], which can register properties under normal rules.</ref> Works used for religious instruction are also ineligible for copyright protection as are works of architecture and public art. | ||
==Notes== | ==Notes== | ||
{{reflist}} | {{reflist}} | ||
[[Category:Economy of Radictistan]] | [[Category:Economy of Radictistan]] | ||
[[Category:Radictistani law]] | [[Category:Radictistani law]] | ||
Latest revision as of 22:48, 29 April 2022
Intellectual property rights (IPRs) are limited in Radictistan compared to most other countries. Radictistani law considers copyrights, patents, and other instruments as licenses rather than units of property. Patent and copyright violations are common in Radictistan with law enforcement action rare due to the law's limited scope of protection for foreign works.
National legal framework
Radictistani law does not recognize ownership over intangible assets such as creative works. Instead copyrights, trademarks, and similar devices are treated as licenses granted by the government for the exclusive use of such assets. Therefore patents, copyrights, and trademarks cannot be freely alienated, only licensed according to the restrictions placed by contract law. Monopolies on intellectual assets are similarly non-inheritable; when a holder dies (or in the case of a corporate holder goes through liquidation) the monopoly license dies with them. Intellectual monopolies can only be acquired through registration with the Radictistan Patent, Trademark, and Copyright Office. Foreign properties can only receive legal protection in Radictistan if they are registered in the country.
Patent law
Patent law in Radictistan is governed by the Patent Act and relevant case law. Patent protection lasts for fifteen years. Radictistani law on patentability is stricter than that of most other countries. Software and business method patents are prohibited, as are design patents. Biological patents are generally not permitted. Legal standards for novelty are also high. Patent infringement is not a criminal offense in Radictistan but monetary damages can be sought in civil court. The Radictistani government maintains the prerogative to suspend or revoke patents "for the purpose of furthering the national interest."
Trademark law
Trademarks in Radictistan are governed by the Trademark Act and case law. Unlike copyrights and patents, trademarks last indefinitely. However, they can be revoked if it can be shown that the trademark holder is not diligently enforcing their rights.
Copyright law
Copyright Law in Radictistan is governed by the Copyright Act and relevant case law. The copyright term is twenty-five years. Copyright infringement is not a criminal offense in Radictistan but monetary damages can be sought in civil court. Works created by government employees, members of parliament, and other government actors as part of their official duties are ineligible for copyright.[1] Works used for religious instruction are also ineligible for copyright protection as are works of architecture and public art.
Notes
- ↑ This restriction does not extend to government-owned corporations such as the Radictistan Broadcasting Service, which can register properties under normal rules.