- 2069 Bhadra · 1+1+3 marks
Tort law; copyright vs patent right
Short answer
Tort is a civil wrong other than breach of contract that gives the victim a right to claim compensation. Tort law compensates victims, deters harmful acts, protects rights, maintains social order, fixes responsibility, and provides justice. Copyright protects original expression automatically, while patent protects a new useful invention after examination and grant.
Explain tort. What are the reasons behind introducing tort law in the society? How do you distinguish copyright from patent right?
Tort
A tort is a civil wrong, other than breach of contract, that causes loss or injury to another person and gives the victim a right to claim compensation. Examples: negligence, nuisance, defamation, trespass.
Reasons for introducing tort law
- To compensate victims for loss or injury.
- To deter people from careless or harmful acts.
- To protect rights of life, property, reputation and privacy that a contract does not cover (strangers have no contract).
- To maintain social order by settling disputes peacefully through courts.
- To fix responsibility and promote safety standards, including professional care.
- To provide justice where criminal law does not apply or is not enough.
Copyright vs patent right
| Basis | Copyright | Patent |
|---|---|---|
| Protects | Original expression of work: books, music, art, software code, drawings | New, useful invention or process (technical idea) |
| Idea | Ideas not protected, only the form | The idea/technical solution is protected |
| Acquisition | Automatic on creation (registration optional) | Must apply and be granted after examination |
| Requirement | Originality | Novelty, inventive step, industrial applicability |
| Duration (Nepal) | Generally author's life plus 50 years (Copyright Act 2059) | Limited term, about 7 years, renewable (Patent, Design and Trademark Act 2022) |
| Law | Copyright Act 2059 | Patent, Design and Trademark Act 2022 |
| Example | Textbook, source code | New machine or process |
✓ Answer checked by Claude Opus 5.5 (high effort)
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