---
title: "Tort law; copyright vs patent right"
subject: "Engineering Professional Practice"
chapter: 2
key: "semester_8/engineering_professional_practice:tort-reasons-copyright-patent"
source: https://www.bctengineer.com/q/semester_8/engineering_professional_practice/tort-reasons-copyright-patent
site: BCT Engineering
---

# Tort law; copyright vs patent right

Engineering Professional Practice · Chapter 2: Profession and Ethics

- Asked in: 2069 Bhadra, 1+1+3 marks
- Video: [Patent Trademarks and Copyrights, Copyright Patent and Trademarks, IPR, Intellectual Property rights](https://www.youtube.com/watch?v=XQ8tRdcr0xQ) — DWIVEDI GUIDANCE
- Answer checked by Claude Opus 5.5 (high effort) on 2026-10-14
- Page: https://www.bctengineer.com/q/semester_8/engineering_professional_practice/tort-reasons-copyright-patent
- Whole chapter: https://www.bctengineer.com/md/semester_8/engineering_professional_practice/chapter-2

## Question

Explain tort. What are the reasons behind introducing tort law in the society? How do you distinguish copyright from 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.

## Answer

#### 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
1. To **compensate** victims for loss or injury.
2. To **deter** people from careless or harmful acts.
3. To **protect rights** of life, property, reputation and privacy that a contract does not cover (strangers have no contract).
4. To **maintain social order** by settling disputes peacefully through courts.
5. To **fix responsibility** and promote safety standards, including professional care.
6. 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 |

## Check yourself

The answer's key points as multiple-choice questions, with the correct option and why.

1. Why is tort law needed even when no contract exists between two people?
   A. It protects rights like life, property and reputation of strangers and lets them claim compensation
   B. Because contracts are always void
   C. Because it replaces criminal law entirely
   D. Because it only applies between contracting parties
   Answer: A. Strangers have no contract, so tort law protects their rights and compensates loss. (Key point: Reasons for tort law)

2. What does copyright protect, compared with a patent?
   A. The technical idea or invention itself
   B. The original form of expression, not the underlying idea
   C. Only machines and processes
   D. Only ideas that are novel and inventive
   Answer: B. Copyright protects expression (books, code); patents protect the technical idea/solution. (Key point: Copyright vs patent protects)

3. How is each right acquired?
   A. Both arise automatically
   B. Patent arises automatically; copyright needs examination
   C. Copyright arises automatically on creation; a patent must be applied for and granted after examination
   D. Both need examination and grant
   Answer: C. Copyright is automatic (registration optional) while a patent requires application and examination for novelty and inventive step. (Key point: Acquisition of rights)

## Related in Engineering Professional Practice

- [Copyright, patent right and trademark](https://www.bctengineer.com/question.md?key=semester_8%2Fengineering_professional_practice%3Acopyright-patent-trademark) — Engineering Professional Practice, chapter 5, asked 2×
- [Patent vs trademark; business organization](https://www.bctengineer.com/question.md?key=semester_8%2Fengineering_professional_practice%3Apatent-trademark-business-law) — Engineering Professional Practice, chapter 5