The U.S. legal system is solely based on the U.S. Constitution. This document describes the relationship between statutory law and regulatory law, the Federal Register, and the concept of intangible property rights.
Statutory and Federal Law According to the North Dakota Constitution, “The legislative assembly shall enact all laws necessary to carry into effect the provisions of this constitution” (North Dakota Constitution). This is the basis for statutory law in North Dakota and all these statutes can be found in the North Dakota Century Code. The legislative branch is the branch of government that enacts these statutes that describe a direction the legislature wants the government to follow. If any statues passed by the legislature are …show more content…
Tangible property is real and personal property identified as property that can be touched and visible. Intangible property however is tougher to understand because it is invisible. Intangible property includes bonds, stock, goodwill, certificate of deposit, patents, copyrights, intellectual property (software, books, and music), and an obligation or payment that someone owes you. Every person has the right to their own ideas just as they have the right to own a car. It is illegal to steal a car just as it is illegal to steal someone’s idea.
An example of violating on intangible property rights is the case of FOUR RIVERS SEED COMPANY v. CIRCLE K FARMS INC. Four Rivers Seed Company (FRSC) grew new seed potato varieties over multiple generations of crops before becoming certified seed. In some cases he would contract out the growing to other farmers under discrete instructions. Circle Farms Inc. (CKFI) signed a contract agreeing to grow a 2nd generation crop and after the growing season FRSC had the right to market the 3rd generation crop. Circle Farms Inc. returned some of the 3rd generation seed, but planted some of it for themselves in attempt to grow their own 4th generation seed potato. FRSC learned of this practice and filed a lawsuit suing CKFI on breach of contract and that CKFI did not have the right to grow the certified seed the next generation. This was illegal because CKFI stole the biotechnology
Statutory and Federal Law According to the North Dakota Constitution, “The legislative assembly shall enact all laws necessary to carry into effect the provisions of this constitution” (North Dakota Constitution). This is the basis for statutory law in North Dakota and all these statutes can be found in the North Dakota Century Code. The legislative branch is the branch of government that enacts these statutes that describe a direction the legislature wants the government to follow. If any statues passed by the legislature are …show more content…
Tangible property is real and personal property identified as property that can be touched and visible. Intangible property however is tougher to understand because it is invisible. Intangible property includes bonds, stock, goodwill, certificate of deposit, patents, copyrights, intellectual property (software, books, and music), and an obligation or payment that someone owes you. Every person has the right to their own ideas just as they have the right to own a car. It is illegal to steal a car just as it is illegal to steal someone’s idea.
An example of violating on intangible property rights is the case of FOUR RIVERS SEED COMPANY v. CIRCLE K FARMS INC. Four Rivers Seed Company (FRSC) grew new seed potato varieties over multiple generations of crops before becoming certified seed. In some cases he would contract out the growing to other farmers under discrete instructions. Circle Farms Inc. (CKFI) signed a contract agreeing to grow a 2nd generation crop and after the growing season FRSC had the right to market the 3rd generation crop. Circle Farms Inc. returned some of the 3rd generation seed, but planted some of it for themselves in attempt to grow their own 4th generation seed potato. FRSC learned of this practice and filed a lawsuit suing CKFI on breach of contract and that CKFI did not have the right to grow the certified seed the next generation. This was illegal because CKFI stole the biotechnology