Shopping on line can be easy, simple and save you lots of money. It can also take a lot of your time, frustrate you, and result in unwanted purchases. Now the same can be said for regular high street shopping, but with the vast opportunity presented by the Internet it will pay you to spend a few minutes reading this and understanding how to better optimize your Ownership shopping experience:
1. Compare - without doubt the biggest advantage that the Ownership offers shoppers today is the ability to compare thousands of Ownership at a time. This is a great thing, but not necessarily all the time! Too much can be daunting at times so take advantage of the great comparison sites and where possible let them do the hard work for you.
2. Research - if it has been said it will be on the internet. Ignorance is no longer a justifiable reason for buying the wrong thing. Take the time to research in detail everything that you could possible want to know about
3. Testimonials - don't know anybody that has bought a Ownership? Wrong! If the Ownership is good the internet will let you know. Use the Internet as a friend and get testimonials before you buy.
4. Questions - Got a question about Ownership then search the Forums, FAQ's, Blogs etc. Don't be afraid to ask .....
5. Reputation - Never heard of the company selling Ownership? Don't worry, no reason why you should know every company in the world, but you know someone that does! Use the internet to find out what people are saying about Ownership and build up a picture of their reputation for sales, returns, customer service, delivery etc.
6. Returns - still worried that even after all of the above your Ownership wont be what you want? Check out the returns policy. There is so much competition now that someone, somewhere is bound to offer the terms that you are comfortable with.
7. Feedback - happy with your Ownership then let people know, after all you are depending on others people input in your buying decision, so why not give a little back.
8. Security - check for the yellow padlock on the Ownership site before you buy, and the s after http:/ /i.e. https:// = a secure site
9. Contact - got a question about Ownership, or want to leave a comment then check out the sites contact page. Reputable companies have them and respond.
10. Payment - ready to pay for your Ownership, then use your credit card or PayPal! Be aware of companies that don't accept them, there may be genuine reasons but given the huge amount of choice you have when buying online there is no reason at all not to buy via credit card or PayPal.
Ownership is the state or fact of exclusive rights and control over
property, which may be an
personal property, land ownership,
intellectual property or some other kind of property. It is embodied in an ownership right also referred to as
title (property).
Ownership is the key building block in the development of the
capitalist socio-economic system. The concept of ownership has existed for thousands of
years and in all
cultures. Over the millennia, however, and across cultures what is considered eligible to be property and how that property is regarded culturally is very different. Ownership is the basis for many other concepts that form the foundations of ancient and modern
societies such as
money,
trade, debt,
bankruptcy, the
criminality of theft and private vs. public property.
The process and mechanics of ownership are fairly complex since one can gain, transfer and lose ownership of property in a number of ways. To acquire property one can purchase it with money, trade it for other property, receive it as a gift, steal it, find it, make it or homestead it. One can transfer or lose ownership of property by selling it for money, exchanging it for other property, giving it as a gift, being robbed of it, misplacing it, or having it stripped from one's ownership through legal means such as eviction, foreclosure and seizure. Ownership is self-propagating in that if an object is owned by someone, any additional goods produced by using that object will also be owned by the same person. If one finds an object, one can legitimately take ownership of that object as long as no one claims to have previously lost that object. Some jurisdictions place time restraints on finding lost property before that property becomes fair game for anyone to claim ownership of once found. Such is the case of the gold found in the sunken SS Republic (1853). The SS Republic steamship sank off the coast of Georgia in 1865 and lost thousands of gold coins and bars to the ocean. In 2003 Odyssey Marine Exploration, Inc. discovered the ship and was awarded possession of the gold after the insurance company that had paid off damages to the original owners claimed they were the rightful owners of the gold.
Types of owners
In person
Individuals may own property directly. In some societies only adult men may own property; in other societies (such as the Haudenosaunee), property is matrilinear and passed on from mother to daughter. In most societies both men and women can own property with no restrictions.
Structured Ownership Entities
Throughout history, nations (or governments) and religions have owned property. These entities exist primarily for other purposes than to own or operate property, hence they may have no clear rules regarding the disposition of their property.
To own and operate property, structures (often known today as legal entities) have been created in many societies throughout history. The differences in how they deal with members' rights is a key factor in determining their type. Each type has advantages and disadvantages derived from their means of recognizing or disregarding (rewarding or not), contributions of financial capital or personal effort.
Cooperatives, corporations, trusts, partnerships, condominium associations are only some of the many varied types of structured ownership; each type has many subtypes. Legal advantages or restrictions on various types of structured ownership have existed in many societies past and present. To govern how assets are to be used, shared or treated, rules and regulations may be legally imposed or internally adopted or decreed.
Liability for the Group or for Others in the Group
Ownership implies responsibility, for actions regarding the property. A "legal shield" is said to exist if the entity's legal liabilities do not get redistributed among the entity's owners or members. An application of this, to limit ownership risks, is to form a new entity to purchase, own and operate each property. Since the entity is separate and distinct from others, if a problem occurs which leads to a massive liability, the individual is protected from losing more than the value of that one property. Many other properties are protected, when owned by other distinct entities.
In the loosest sense of group ownership, a lack of legal framework, rules and regulations may mean that group ownership of property places every member in a position of responsibility (liability) for the actions of each other member. A structured group duly constituted as an entity under law may still not protect members from being personally liable for each others' actions. Court decisions against the entity itself may give rise to unlimited personal liability for each and every member. An example of this situation is a professional partnership (e.g. law practice) in some jurisdictions. Thus, being a partner or owner in a group may give little advantage in terms of share ownership while producing a lot of risk to the partner, owner or participant.
Sharing Gains
At the end of each financial year, accounting rules determine a surplus or profit, which may be retained inside the entity or distributed among owners according to the initial setup intent when the entity was created.
Entities
with a member focus will give financial surplus back to members according to the volume of financial activity that the participating member generated for the entity. Examples of this are producer cooperatives, buyer cooperatives and participating whole life policyholders in both mutual and share-capital insurance companies.
Entities
with share voting rights that depend on financial capital distribute surplus among shareholders without regard to any other contribution to the entity. Depending on internal rules and regulations, certain classes of shares have the right to receive increases in financial "dividends" while other classes do not. After many years the increase over time is substantial if the business is profitable. Examples of this are common shares and preferred shares in private or publicly listed share capital corporations.
Entities
with a focus on providing service in perpetuam do not distribute financial surplus; they must retain it. It will then serve as a cushion against losses or as a means to finance growth activities. Examples of this are not-for-profit entities: they are allowed to make profits, but are not permitted to give any of it back to members except by way of discounts in the future on new transactions.
Depending on the charter at the foundation of the entity, and depending on the legal framework under which the entity was created, the form of ownership is determined once and for all time. To change it requires significant work in terms of communicating with stakeholders (member-owners, governments, etc) and acquiring their approval. Whatever structural constraints or disadvantages exist at the creation thus remain an integral part of the entity. Common in New York City is a form of real estate ownership known as a
cooperative (also co-operative or co-op) which relies heavily on internal rules of operation instead of the legal framework governing condominium associations. These "co-ops", owning the building for the mutual benefit of its members, can ultimately perform most of the functions of a legally constituted condominium, i.e. restricting use appropriately and containing financial liabilities to within tolerable levels. To change their structure now that they are up and operating would require significant effort to achieve acceptance among members and various levels of government.
Sharing Use
The owning entity makes rules governing use of property; each property may comprise areas that are made available to any and every member of the group to use. When the group is the entire nation, the same principle is in effect whether the property is small (e.g. picnic rest stops along highways) or large such as national parks, highways, ports, and publicly owned buildings. Smaller examples of shared use include common areas such as lobbies, entrance hallways and passages to adjacent buildings.
One disadvantage of communal ownership, known as the
Tragedy of the Commons, occurs where unlimited unrestricted and unregulated access to a resource (e.g. pasture land) destroys the resource because of over-exploitation. The benefits of exploitation accrue to individuals immediately, while the costs of policing or enforcing appropriate use, and the losses dues to overexploitation, are distributed among many, and are only visible to these gradually.
In an ideal communist nation the means of production of goods would be owned communally by all people of that nation; the original thinkers did not specify rules and regulations.
Types of ownership
Personal property
Personal property is a type of property. In the
common law systems personal property may also be called
chattels. It is distinguished from
real property, or real estate. In the
civil law (legal system) systems personal property is often called
movable property or movables - any property that can be moved from one location or another. This term is in distinction with immovable property or immovables, such as land and buildings.
Personal property may be classified in a variety of ways, such as
good (accounting)s,
money, negotiable instruments, security (finance), and
intangible assets including
Chose (English law).
Land ownership
Real estate or immovable property is a
law term (in some jurisdictions) that encompasses land along with anything permanently affixed to the land, such as
buildings. Real estate (immovable property) is often considered synonymous with
real property (also sometimes called
realty), in contrast with personal property (also sometimes called
chattel or
personalty). However, for technical purposes, some people prefer to distinguish real estate, referring to the land and fixtures themselves, from real property, referring to ownership rights over real estate. The terms
real estate and
real property are used primarily in
common law, while
Civil law (legal system) jurisdictions refer instead to immovable property.
In law, the word real means relating to a thing (from Latin res, matter or thing), as distinguished from a person. Thus the law broadly distinguishes between property (land and anything affixed to it) and property (everything else, e.g., clothing, furniture, money). The conceptual difference was between immovable property, which would transfer title along with the land, and movable property, which a person would retain title to. (The word is not derived from the notion of land having historically been "royal" property. The word royal — and its Spanish cognate real — come from the unrelated Latin word rex, meaning king.)
With the development of private property ownership, real estate has become a major area of business.
Corporations and legal entities
An individual or group of individuals can own corporations and other legal entities. A
legal entity is a legal construct through which the law allows a group of
natural persons to act as if it were an
individual for certain purposes. Some companies and entities are owned privately by the individuals who registered them with the government while other companies are owned publicly.
Some duly incorporated entities may not be owned by individuals nor by other entities; they exist without being owned once they are created. Not being owned, they cannot be bought and sold. Mutual life insurance companies, credit unions, and cooperatives are examples of this. No person can purchase the company, as their ownership is not legally available for sale, neither as shares nor as a single whole.
A a publicly listed company (law), known as a
public company, is owned by any member of the
public who wishes to purchase stock in that company rather than by a relatively few individuals. A company that is owned by stockholders who are members of the general public and trade
shares publicly, often through a listing on a stock exchange. Ownership is open to anyone who has the money and inclination to buy shares in the company. Owners, however, are generally classified in three groups. Those with 5% Ownerships of the stock usually hold significant sway over the company. Mutual Funds and regular institutions can also own the stock; if they own enough, can are considered as part of the 5% ownership category. They usually are differentiated from
privately held companies where the shares are held by a small group of individuals often members of one or a small group of families or otherwise related individuals (or other companies). For a discussion of the United Kingdom and Ireland variant of this type of company, see
public limited company.
Intellectual property
Intellectual (IP) property refers to a legal entitlement which sometimes attaches to the
idea-expression divide of an
idea, or to some other
intangible asset subject matter. This legal entitlement generally enables its holder to exercise
exclusive rights of use in relation to the subject matter of the IP. The term
intellectual property reflects the idea that this subject matter is the product of the
mind or the intellect, and that IP rights may be protected at law in the same way as any other form of property (ownership right).
Intellectual property laws confer a bundle of rights of
exclusive rights in relation to the particular form or manner in which ideas or information are expressed or manifested, and not in relation to the ideas or concepts themselves (see
idea-expression divide). It is therefore important to note that the term "intellectual property" denotes the specific legal rights which authors, inventors and other IP holders may hold and exercise, and not the intellectual work itself.
Intellectual property laws are designed to protect different forms of intangible subject matter, although in some cases there is a degree of overlap.
- copyright may subsist in creative and artistic works (eg. books, movies, music, paintings, photographs and software), giving a copyright holder the exclusive right to control reproduction or adaptation of such works for a certain period of time.
- A patent may be granted in relation to an invention that is new, useful and not simply an obvious advancement over what existed when the application was filed. A patent gives the holder an exclusive right to commercially exploit the invention for a certain period of time (typically 20 years from the filing date of a patent application).
- A trademark is a distinctive sign (semiotics) which is used to distinguish the products or services of one business from those of another business.
- An industrial design right protects the form of appearance, style or design of an industrial object (eg. spare parts, furniture or textiles).
- A trade secret (also known as "confidential information") is an item of confidentiality information concerning the commercial practices or proprietary knowledge of a business.
Patents, trademarks and designs fall into a particular subset of intellectual property known as
industrial property.
Like other forms of property, intellectual property (or rather the exclusive rights which subsist in the IP) can be transferred (consideration or gift consideration) or licensed to third parties. In some jurisdictions it may also be possible to use intellectual property as security (finance) for a loan.
The basic public policy rationale for the protection of intellectual property is that IP laws facilitate and encourage disclosure of
innovation into the public domain for the
common good, by granting authors and inventors exclusive rights to exploit their works and invention for a limited period.
However, various schools of thought are critical of the very concept of intellectual property, and some characterise IP as
intellectual protectionism. There is ongoing debate as to whether IP laws truly operate to confer the stated public benefits, and whether the protection they are said to provide is appropriate in the context of innovation derived from such things as
traditional knowledge and folklore, and patents for software patent and
business method patent. Manifestations of this controversy can be seen in the way different jurisdictions decide whether to grant intellectual property protection in relation to subject matter of this kind, and the North-South divide on issues of the role and scope of intellectual property laws.
Chattel slavery
The living human body is, in most modern societies, considered something which cannot be the property of anyone but the
person whose
body it is. This is in contradistinction to
slavery. Chattel slavery is a type of slavery defined as the absolute legal ownership of a person or persons, including the legal right to buy and sell them. The slaves do not have the freedom to live life as they choose, but as they are instructed by their owners, and their rights may be either severely limited or nonexistent. In most countries, chattel slaves were considered as movable property.
Slavery is currently illegal in every country around the world, however, up until the 19th century slavery and ownership of people had existed in one form or another in nearly every society on earth. Notwithstanding the illegality according to codes of law, slavery still exists in various forms today.
Social Views of Ownership
In modern Western popular culture some people (principally among the far
political left) believe that exclusive ownership of property underlies much social injustice, and facilitates tyranny and oppression on an individual and societal scale. Others (principally among the political right consider the striving to achieve greater ownership of wealth as the driving factor behind human technological advancement and increasing standards of living.
Vedantic view
Indian spiritual science called Vedanta believes that the root of ownership is the feeling that one is separate from rest of the universe. Given this understanding, one disconnects oneself from the universe, and then attempts to reconnect with objects through a relationship which is called ownership. Vedanta believes that the feeling of ownership is an illusion, which remains with oneself as long as one considers oneself as separate from the Universe. When one understands the fundamental reality that there is only one entity called the Universe, there is no need for ownership and one gets rid of this illusion.
Ownership society
Ownership society is a slogan for a model of society promoted by United States President George W. Bush. It takes as lead values personal responsibility, economic liberty, and the owning of property. The ownership society discussed by Bush also extends to certain proposals of specific models of health care and social security.Critics have claimed that Bush's agenda for an ownership society also includes extending tax cuts, allowing wealthy Americans to shelter income from tax, and using the tax code to curtail the government's role in health care and retirement saving. Some say that the ultimate purpose of these proposals is the abolition of the graduated income tax, a progressive tax, and its replacement with a structurally simpler flat tax.
Controversies over the Universality of Ownership
Native America
A modern myth is that some societies, notably Native Americans in the United States ones, appeared to exist without the concept of personal ownership. Members of a society would feel free to take any objects they had need of, and expect them to be taken by others. Recently, however, researchers have started to question just how collectivist Native American societies really were. Citing earlier studies done by anthropologists and historians "who were able to interview tribal members who had lived in pre-reservation Indian society," they argue that in fact, "most if not all North American indigenous peoples had a strong belief in individual property rights and ownership." These researchers further assert that Native American collectivism is a myth originating from the first encounters with tribes who, because of their hunting-orientation "did not view land as an important asset", and indeed, did not have a private property system with regards to land. The collectivist myth was initially propagated by reporters and politicians who never actually had contact with Native Americans and then made into a reality by the collectivist property rights system forced on Indians by the 1934
Indian Reorganization Act.
See also
- Ownership society
- Public ownership
Ownership is the state or fact of exclusive rights and control over
property, which may be an
personal property, land ownership,
intellectual property or some other kind of property. It is embodied in an ownership right also referred to as title (property).
Ownership is the key building block in the development of the
capitalist socio-economic system. The concept of ownership has existed for thousands of years and in all
cultures. Over the millennia, however, and across cultures what is considered eligible to be property and how that property is regarded culturally is very different. Ownership is the basis for many other concepts that form the foundations of ancient and modern
societies such as
money, trade,
debt,
bankruptcy, the
criminality of theft and private vs. public property.
The process and mechanics of ownership are fairly complex since one can gain, transfer and lose ownership of property in a number of ways. To acquire property one can purchase it with money, trade it for other property, receive it as a gift, steal it, find it, make it or homestead it. One can transfer or lose ownership of property by selling it for money, exchanging it for other property, giving it as a gift, being robbed of it, misplacing it, or having it stripped from one's ownership through legal means such as eviction, foreclosure and seizure. Ownership is self-propagating in that if an object is owned by someone, any additional goods produced by using that object will also be owned by the same person. If one finds an object, one can legitimately take ownership of that object as long as no one claims to have previously lost that object. Some jurisdictions place time restraints on finding lost property before that property becomes fair game for anyone to claim ownership of once found. Such is the case of the gold found in the sunken SS Republic (1853). The SS Republic steamship sank off the coast of Georgia in 1865 and lost thousands of gold coins and bars to the ocean. In 2003 Odyssey Marine Exploration, Inc. discovered the ship and was awarded possession of the gold after the insurance company that had paid off damages to the original owners claimed they were the rightful owners of the gold.
Types of owners
In person
Individuals may own property directly. In some societies only adult men may own property; in other societies (such as the
Haudenosaunee), property is
matrilinear and passed on from mother to daughter. In most societies both men and women can own property with no restrictions.
Structured Ownership Entities
Throughout history, nations (or governments) and religions have owned property. These entities exist primarily for other purposes than to own or operate property, hence they may have no clear rules regarding the disposition of their property.
To own and operate property, structures (often known today as legal entities) have been created in many societies throughout history. The differences in how they deal with members' rights is a key factor in determining their type. Each type has advantages and disadvantages derived from their means of recognizing or disregarding (rewarding or not), contributions of financial capital or personal effort.
Cooperatives, corporations, trusts, partnerships, condominium associations are only some of the many varied types of structured ownership; each type has many subtypes. Legal advantages or restrictions on various types of structured ownership have existed in many societies past and present. To govern how assets are to be used, shared or treated, rules and regulations may be legally imposed or internally adopted or decreed.
Liability for the Group or for Others in the Group
Ownership implies responsibility, for actions regarding the property. A "legal shield" is said to exist if the entity's legal liabilities do not get redistributed among the entity's owners or members. An application of this, to limit ownership risks, is to form a new entity to purchase, own and operate each property. Since the entity is separate and distinct from others, if a problem occurs which leads to a massive liability, the individual is protected from losing more than the value of that one property. Many other properties are protected, when owned by other distinct entities.
In the loosest sense of group ownership, a lack of legal framework, rules and regulations may mean that group ownership of property places every member in a position of responsibility (liability) for the actions of each other member. A structured group duly constituted as an entity under law may still not protect members from being personally liable for each others' actions. Court decisions against the entity itself may give rise to unlimited personal liability for each and every member. An example of this situation is a professional partnership (e.g. law practice) in some jurisdictions. Thus, being a partner or owner in a group may give little advantage in terms of share ownership while producing a lot of risk to the partner, owner or participant.
Sharing Gains
At the end of each financial year, accounting rules determine a surplus or profit, which may be retained inside the entity or distributed among owners according to the initial setup intent when the entity was created.
Entities
with a member focus will give financial surplus back to members according to the volume of financial activity that the participating member generated for the entity. Examples of this are producer cooperatives, buyer cooperatives and participating whole life policyholders in both mutual and share-capital insurance companies.
Entities
with share voting rights that depend on financial capital distribute surplus among shareholders without regard to any other contribution to the entity. Depending on internal rules and regulations, certain classes of shares have the right to receive increases in financial "dividends" while other classes do not. After many years the increase over time is substantial if the business is profitable. Examples of this are common shares and preferred shares in private or publicly listed share capital corporations.
Entities
with a focus on providing service in perpetuam do not distribute financial surplus; they must retain it. It will then serve as a cushion against losses or as a means to finance growth activities. Examples of this are not-for-profit entities: they are allowed to make profits, but are not permitted to give any of it back to members except by way of discounts in the future on new transactions.
Depending on the charter at the foundation of the entity, and depending on the legal framework under which the entity was created, the form of ownership is determined once and for all time. To change it requires significant work in terms of communicating with stakeholders (member-owners, governments, etc) and acquiring their approval. Whatever structural constraints or disadvantages exist at the creation thus remain an integral part of the entity. Common in New York City is a form of real estate ownership known as a
cooperative (also co-operative or co-op) which relies heavily on internal rules of operation instead of the legal framework governing condominium associations. These "co-ops", owning the building for the mutual benefit of its members, can ultimately perform most of the functions of a legally constituted condominium, i.e. restricting use appropriately and containing financial liabilities to within tolerable levels. To change their structure now that they are up and operating would require significant effort to achieve acceptance among members and various levels of government.
Sharing Use
The owning entity makes rules governing use of property; each property may comprise areas that are made available to any and every member of the group to use. When the group is the entire nation, the same principle is in effect whether the property is small (e.g. picnic rest stops along highways) or large such as national parks, highways, ports, and publicly owned buildings. Smaller examples of shared use include common areas such as lobbies, entrance hallways and passages to adjacent buildings.
One disadvantage of communal ownership, known as the Tragedy of the Commons, occurs where unlimited unrestricted and unregulated access to a resource (e.g. pasture land) destroys the resource because of over-exploitation. The benefits of exploitation accrue to individuals immediately, while the costs of policing or enforcing appropriate use, and the losses dues to overexploitation, are distributed among many, and are only visible to these gradually.
In an ideal communist nation the means of production of goods would be owned communally by all people of that nation; the original thinkers did not specify rules and regulations.
Types of ownership
Personal property
Personal property is a type of
property. In the common law systems personal property may also be called
chattels. It is distinguished from real property, or real estate. In the
civil law (legal system) systems personal property is often called
movable property or movables - any property that can be moved from one location or another. This term is in distinction with
immovable property or immovables, such as land and buildings.
Personal property may be classified in a variety of ways, such as good (accounting)s, money,
negotiable instruments,
security (finance), and intangible assets including Chose (English law).
Land ownership
Real estate or
immovable property is a law term (in some jurisdictions) that encompasses land along with anything permanently affixed to the land, such as buildings. Real estate (immovable property) is often considered synonymous with
real property (also sometimes called
realty), in contrast with personal property (also sometimes called
chattel or
personalty). However, for technical purposes, some people prefer to distinguish real estate, referring to the land and fixtures themselves, from real property, referring to ownership rights over real estate. The terms
real estate and
real property are used primarily in
common law, while
Civil law (legal system) jurisdictions refer instead to
immovable property.
In law, the word real means relating to a thing (from Latin res, matter or thing), as distinguished from a person. Thus the law broadly distinguishes between property (land and anything affixed to it) and property (everything else, e.g., clothing, furniture, money). The conceptual difference was between immovable property, which would transfer title along with the land, and movable property, which a person would retain title to. (The word is not derived from the notion of land having historically been "royal" property. The word royal — and its Spanish cognate real — come from the unrelated Latin word rex, meaning king.)
With the development of private
property ownership, real estate has become a major area of
business.
Corporations and legal entities
An individual or group of individuals can own corporations and other legal entities. A
legal entity is a
legal construct through which the law allows a group of natural persons to act as if it were an
individual for certain purposes. Some companies and entities are owned privately by the individuals who registered them with the government while other companies are owned publicly.
Some duly incorporated entities may not be owned by individuals nor by other entities; they exist without being owned once they are created. Not being owned, they cannot be bought and sold. Mutual life insurance companies, credit unions, and cooperatives are examples of this. No person can purchase the company, as their ownership is not legally available for sale, neither as shares nor as a single whole.
A a publicly listed
company (law), known as a
public company, is owned by any member of the
public who wishes to purchase stock in that company rather than by a relatively few individuals. A company that is owned by stockholders who are members of the general public and trade
shares publicly, often through a listing on a stock exchange. Ownership is open to anyone who has the money and inclination to buy shares in the company. Owners, however, are generally classified in three groups. Those with 5% Ownerships of the stock usually hold significant sway over the company.
Mutual Funds and regular institutions can also own the stock; if they own enough, can are considered as part of the 5% ownership category. They usually are differentiated from
privately held companies where the shares are held by a small group of individuals often members of one or a small group of families or otherwise related individuals (or other companies). For a discussion of the United Kingdom and
Ireland variant of this type of company, see public limited company.
Intellectual property
Intellectual (IP) property refers to a legal entitlement which sometimes attaches to the
idea-expression divide of an
idea, or to some other
intangible asset subject matter. This legal entitlement generally enables its holder to exercise exclusive rights of use in relation to the subject matter of the IP. The term
intellectual property reflects the idea that this subject matter is the product of the
mind or the intellect, and that IP rights may be protected at law in the same way as any other form of
property (ownership right).
Intellectual property laws confer a bundle of rights of exclusive rights in relation to the particular form or manner in which ideas or information are expressed or manifested, and not in relation to the ideas or concepts themselves (see idea-expression divide). It is therefore important to note that the term "intellectual property" denotes the specific legal rights which authors, inventors and other IP holders may hold and exercise, and not the intellectual work itself.
Intellectual property laws are designed to protect different forms of intangible subject matter, although in some cases there is a degree of overlap.
- copyright may subsist in creative and artistic works (eg. books, movies, music, paintings, photographs and software), giving a copyright holder the exclusive right to control reproduction or adaptation of such works for a certain period of time.
- A patent may be granted in relation to an invention that is new, useful and not simply an obvious advancement over what existed when the application was filed. A patent gives the holder an exclusive right to commercially exploit the invention for a certain period of time (typically 20 years from the filing date of a patent application).
- A trademark is a distinctive sign (semiotics) which is used to distinguish the products or services of one business from those of another business.
- An industrial design right protects the form of appearance, style or design of an industrial object (eg. spare parts, furniture or textiles).
- A trade secret (also known as "confidential information") is an item of confidentiality information concerning the commercial practices or proprietary knowledge of a business.
Patents, trademarks and designs fall into a particular subset of intellectual property known as
industrial property.
Like other forms of property, intellectual property (or rather the exclusive rights which subsist in the IP) can be transferred (
consideration or gift consideration) or
licensed to third parties. In some jurisdictions it may also be possible to use intellectual property as security (finance) for a loan.
The basic
public policy rationale for the protection of intellectual property is that IP laws facilitate and encourage disclosure of innovation into the
public domain for the
common good, by granting authors and inventors exclusive rights to exploit their works and invention for a limited period.
However, various schools of thought are critical of the very concept of intellectual property, and some characterise IP as
intellectual protectionism. There is ongoing debate as to whether IP laws truly operate to confer the stated public benefits, and whether the protection they are said to provide is appropriate in the context of innovation derived from such things as
traditional knowledge and folklore, and patents for
software patent and business method patent. Manifestations of this controversy can be seen in the way different jurisdictions decide whether to grant intellectual property protection in relation to subject matter of this kind, and the North-South divide on issues of the role and scope of intellectual property laws.
Chattel slavery
The living human body is, in most modern societies, considered something which cannot be the property of anyone but the person whose
body it is. This is in contradistinction to slavery. Chattel slavery is a type of slavery defined as the absolute legal ownership of a person or persons, including the legal right to buy and sell them. The slaves do not have the freedom to live life as they choose, but as they are instructed by their owners, and their rights may be either severely limited or nonexistent. In most countries, chattel slaves were considered as movable property.
Slavery is currently illegal in every country around the world, however, up until the 19th century slavery and ownership of people had existed in one form or another in nearly every society on earth. Notwithstanding the illegality according to codes of law, slavery still exists in various forms today.
Social Views of Ownership
In modern Western popular culture some people (principally among the far
political left) believe that exclusive ownership of property underlies much social injustice, and facilitates tyranny and oppression on an individual and societal scale. Others (principally among the political right consider the striving to achieve greater ownership of wealth as the driving factor behind human technological advancement and increasing standards of living.
Vedantic view
Indian spiritual science called Vedanta believes that the root of ownership is the feeling that one is separate from rest of the universe. Given this understanding, one disconnects oneself from the universe, and then attempts to reconnect with objects through a relationship which is called ownership. Vedanta believes that the feeling of ownership is an illusion, which remains with oneself as long as one considers oneself as separate from the Universe. When one understands the fundamental reality that there is only one entity called the Universe, there is no need for ownership and one gets rid of this illusion.
Ownership society
Ownership society is a slogan for a model of society promoted by United States President George W. Bush. It takes as lead values personal responsibility, economic liberty, and the owning of property. The ownership society discussed by Bush also extends to certain proposals of specific models of health care and social security.Critics have claimed that Bush's agenda for an ownership society also includes extending tax cuts, allowing wealthy Americans to shelter income from tax, and using the tax code to curtail the government's role in health care and retirement saving. Some say that the ultimate purpose of these proposals is the abolition of the graduated income tax, a progressive tax, and its replacement with a structurally simpler flat tax.
Controversies over the Universality of Ownership
Native America
A modern myth is that some societies, notably
Native Americans in the United States ones, appeared to exist without the concept of personal ownership. Members of a society would feel free to take any objects they had need of, and expect them to be taken by others. Recently, however, researchers have started to question just how collectivist Native American societies really were. Citing earlier studies done by anthropologists and historians "who were able to interview tribal members who had lived in pre-reservation Indian society," they argue that in fact, "most if not all North American indigenous peoples had a strong belief in individual property rights and ownership." These researchers further assert that Native American collectivism is a myth originating from the first encounters with tribes who, because of their hunting-orientation "did not view land as an important asset", and indeed, did not have a private property system with regards to land. The collectivist myth was initially propagated by reporters and politicians who never actually had contact with Native Americans and then made into a reality by the collectivist property rights system forced on Indians by the 1934
Indian Reorganization Act.
See also
Home Page, Northern Ireland Co-Ownership Housing Association : Co ...
Helps people own their homes through equity sharing (part-buying, part-renting). About the organisation, news, advice on choosing a home, and contact information.
Corporate news : Co-ownership Housing Association, DIYSO, Low Cost ...
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Shared ownership housing
Shared ownership homes offer a low cost way to get on the home ownership ladder. Shared ownership makes housing affordable. Shared ownership housing: three key things to know:
Ownership Flag and Ownership Icons
The flag and icons are intended to represent everyone who is seeking or pursuing relationships based on ownership: that is, 24/7 D/s or Master/slave relationships, where ultimate ...
Ownership Icons
Ownership Icons. These icons have been developed for use by owners, masters, mistresses, submissives and slaves, as described on the Designing the Icons page.
Metropolitan Home Ownership — MHO
Offers home ownership schemes (including shared ownership). Details of properties and information.
INplace - Shared Ownership
If you can not afford to buy your home outright, shared ownership could be right for you. Buy part of your home and rent the rest from INplace, allowing you to get the ...
Ownership - Birmingham International Airport
Learn more about who owns Birmingham International Airport including share ownership information.
Shared Ownership
What is shared ownership? Who can buy through the shared ownership scheme? Can I buy shared ownership with someone else? What kind of property can be bought through shared ...
Home ownership schemes - Housing - Communities and Local Government
This section outlines the government's policy for the main home ownership schemes (HomeBuy, Right to Buy and Right to Acquire) that are available to people who cannot afford to buy ...