COPYRIGHTS AND DESIGNS LAW

Concept of Corporeal and Incorporeal Property

What is property?
In general sense- thing or object
In legal sense- all legal rights of a person, no matter
what his description is.
According to Austin, it is the greatest right of
enjoyment known to law. It may be life interest. It may
include both right in rem and right in personam.
Kinds of Property
Corporeal Property

Incorporeal Property
Corporeal Property
Visible

Tangible

Right of ownership in material things.

Kinds of Corporeal Property- Movable and Immovable

Property.
Movable Property

Portable object.

Standing timber, growing crop, grass.

Immovable Property
Sec. 3 of the General Clauses Act, and
Sec. 2(6) of the Indian Registration Act-
- Land
- Things attached to the earth
- things embedded in the earth
- things attached to what is so embedded in the
earth
Incorporeal Property
Invisible

Intangible

Right in rem

Transferable and inheritable

Examples: right of easement, Intellectual Property Rights

Kinds of Incorporeal Property

 Right in re properia- right over intangible property.

 Right in re aliena- incorporeal right over corporeal

property over others, e.g., right of easement, right of
way.