Kaneda Copyright Agency {top}
Copyright FAQ {top}
{FAQ} What is “property right”?
In
order to get a better understanding of the term of “intellectual property right,”
it would be useful to approach in terms of the notion of “property right” in
general.
The
most important feature of property right is that the owner of the property may
use it as he/she wishes; nobody else can lawfully use his/her property without
his/her authorization (permission). The property owner may be a human being (a
natural person) or a legal entity, such as a corporation.
Roughly
speaking, there are three types of property. One is property consisting of
movable things, such as a car or
furniture, sometimes known as “movable property.” No one except the owner of
the thing(s) can use the item(s) of property. Such legal right as this is
referred to as “exclusive right,” because only the owner has the exclusive prerogative
to use his/her property. The rights owner also may authorize others to use his/her
own property, but without such authorization, use by others is illegal.
The
second type of property is immovable property, or sometimes known as “real
property.” Land and things permanently fixed on it, such as houses, are
immovable property, because they cannot be lifted or moved. The owner of the real
property also has the exclusive right to the property.
The
third type of property is sometimes called “intellectual (intangible) property,”
which protects the creations of the human mind, or the human intellect. As
mentioned above, the owner of the intellectual property has the exclusive right
likewise.