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![property is form of property means that what you have learnt abut property law will be of some use in this area too. Property can be divided into several different categories. There is tangible property and there is intangible: there is real property (land) and there is personal property: and there are choses in possession and choses in action. Intellectual property is a species of chose in action. It is recoverable by the owner by action. It can be owned but not possessed. However, it can be stolen: the definition of property in the Theft Act 1968 is broad enough to embrace intellectual property, though the sort of act that amounts to an infringement lacks the actus reus of theft. In fact, patents are not strictly speaking choses in action. Section 30(1) and Schedule 2 of the Patents Act 1977 reverse the common law position (see Re Heath’s Patent (1912) 56 Sol Jo 538 and Edwards and Co v Picard [1909] 2 KB 903, 905 (CA), per Vaughan Williams LJ and, on future patent rights, see Printing and Numerical Registering Co v Sampson (1875) LR 19 Eq 462) and declare that patents are not choses in action. Sir Raymond Evershed, the then Master of the Rolls, stated in 1952: ‘An English patent is a species of English property of the nature of a chose in action and peculiar in character’, British Nylon Spinners Ltd v ICI Ltd [1953] Ch 19, 26 [1952] 2 All ER 780, 783, CA, cited in the substantive hearing of the same case [1955] Ch 37, 51, [1954] 3 All ER 88, 91. See also Beecham Group plc v Gist-Brocades NV [1986] 1 WLR 51, 59, HL, per Lord Diplock. Copyright has also been expressly stated by the courts to be a chose in action. See Chaplin v Leslie Frewin (Publishers) Ltd [1966] Ch 71, [1965] 3 All ER 764, CA; Patterson Zochonis and Co Ltd v Mefarkin Packaging Ltd [1986] 3 All ER 522 (CA); Cambell Connolly & Co Ltd v Noble [1963] 1 All ER 237, [1963] 1 WLR 252. And as a leading text of its era said:](https://images.tandf.co.uk/common/jackets/crclarge/978185941/9781859411070.jpg "property is form of property means that what you have learnt abut property law will be of some use in this area too. Property can be divided into several different categories. There is tangible property and there is intangible: there is real property (land) and there is personal property: and there are choses in possession and choses in action. Intellectual property is a species of chose in action. It is recoverable by the owner by action. It can be owned but not possessed. However, it can be stolen: the definition of property in the Theft Act 1968 is broad enough to embrace intellectual property, though the sort of act that amounts to an infringement lacks the actus reus of theft. In fact, patents are not strictly speaking choses in action. Section 30(1) and Schedule 2 of the Patents Act 1977 reverse the common law position (see Re Heath’s Patent (1912) 56 Sol Jo 538 and Edwards and Co v Picard [1909] 2 KB 903, 905 (CA), per Vaughan Williams LJ and, on future patent rights, see Printing and Numerical Registering Co v Sampson (1875) LR 19 Eq 462) and declare that patents are not choses in action. Sir Raymond Evershed, the then Master of the Rolls, stated in 1952: ‘An English patent is a species of English property of the nature of a chose in action and peculiar in character’, British Nylon Spinners Ltd v ICI Ltd [1953] Ch 19, 26 [1952] 2 All ER 780, 783, CA, cited in the substantive hearing of the same case [1955] Ch 37, 51, [1954] 3 All ER 88, 91. See also Beecham Group plc v Gist-Brocades NV [1986] 1 WLR 51, 59, HL, per Lord Diplock. Copyright has also been expressly stated by the courts to be a chose in action. See Chaplin v Leslie Frewin (Publishers) Ltd [1966] Ch 71, [1965] 3 All ER 764, CA; Patterson Zochonis and Co Ltd v Mefarkin Packaging Ltd [1986] 3 All ER 522 (CA); Cambell Connolly & Co Ltd v Noble [1963] 1 All ER 237, [1963] 1 WLR 252. And as a leading text of its era said:")
Chapter
property is form of property means that what you have learnt abut property law will be of some use in this area too. Property can be divided into several different categories. There is tangible property and there is intangible: there is real property (land) and there is personal property: and there are choses in possession and choses in action. Intellectual property is a species of chose in action. It is recoverable by the owner by action. It can be owned but not possessed. However, it can be stolen: the definition of property in the Theft Act 1968 is broad enough to embrace intellectual property, though the sort of act that amounts to an infringement lacks the actus reus of theft. In fact, patents are not strictly speaking choses in action. Section 30(1) and Schedule 2 of the Patents Act 1977 reverse the common law position (see Re Heath’s Patent (1912) 56 Sol Jo 538 and Edwards and Co v Picard [1909] 2 KB 903, 905 (CA), per Vaughan Williams LJ and, on future patent rights, see Printing and Numerical Registering Co v Sampson (1875) LR 19 Eq 462) and declare that patents are not choses in action. Sir Raymond Evershed, the then Master of the Rolls, stated in 1952: ‘An English patent is a species of English property of the nature of a chose in action and peculiar in character’, British Nylon Spinners Ltd v ICI Ltd [1953] Ch 19, 26 [1952] 2 All ER 780, 783, CA, cited in the substantive hearing of the same case [1955] Ch 37, 51, [1954] 3 All ER 88, 91. See also Beecham Group plc v Gist-Brocades NV [1986] 1 WLR 51, 59, HL, per Lord Diplock. Copyright has also been expressly stated by the courts to be a chose in action. See Chaplin v Leslie Frewin (Publishers) Ltd [1966] Ch 71, [1965] 3 All ER 764, CA; Patterson Zochonis and Co Ltd v Mefarkin Packaging Ltd [1986] 3 All ER 522 (CA); Cambell Connolly & Co Ltd v Noble [1963] 1 All ER 237, [1963] 1 WLR 252. And as a leading text of its era said:
DOI link for property is form of property means that what you have learnt abut property law will be of some use in this area too. Property can be divided into several different categories. There is tangible property and there is intangible: there is real property (land) and there is personal property: and there are choses in possession and choses in action. Intellectual property is a species of chose in action. It is recoverable by the owner by action. It can be owned but not possessed. However, it can be stolen: the definition of property in the Theft Act 1968 is broad enough to embrace intellectual property, though the sort of act that amounts to an infringement lacks the actus reus of theft. In fact, patents are not strictly speaking choses in action. Section 30(1) and Schedule 2 of the Patents Act 1977 reverse the common law position (see Re Heath’s Patent (1912) 56 Sol Jo 538 and Edwards and Co v Picard [1909] 2 KB 903, 905 (CA), per Vaughan Williams LJ and, on future patent rights, see Printing and Numerical Registering Co v Sampson (1875) LR 19 Eq 462) and declare that patents are not choses in action. Sir Raymond Evershed, the then Master of the Rolls, stated in 1952: ‘An English patent is a species of English property of the nature of a chose in action and peculiar in character’, British Nylon Spinners Ltd v ICI Ltd [1953] Ch 19, 26 [1952] 2 All ER 780, 783, CA, cited in the substantive hearing of the same case [1955] Ch 37, 51, [1954] 3 All ER 88, 91. See also Beecham Group plc v Gist-Brocades NV [1986] 1 WLR 51, 59, HL, per Lord Diplock. Copyright has also been expressly stated by the courts to be a chose in action. See Chaplin v Leslie Frewin (Publishers) Ltd [1966] Ch 71, [1965] 3 All ER 764, CA; Patterson Zochonis and Co Ltd v Mefarkin Packaging Ltd [1986] 3 All ER 522 (CA); Cambell Connolly & Co Ltd v Noble [1963] 1 All ER 237, [1963] 1 WLR 252. And as a leading text of its era said:
property is form of property means that what you have learnt abut property law will be of some use in this area too. Property can be divided into several different categories. There is tangible property and there is intangible: there is real property (land) and there is personal property: and there are choses in possession and choses in action. Intellectual property is a species of chose in action. It is recoverable by the owner by action. It can be owned but not possessed. However, it can be stolen: the definition of property in the Theft Act 1968 is broad enough to embrace intellectual property, though the sort of act that amounts to an infringement lacks the actus reus of theft. In fact, patents are not strictly speaking choses in action. Section 30(1) and Schedule 2 of the Patents Act 1977 reverse the common law position (see Re Heath’s Patent (1912) 56 Sol Jo 538 and Edwards and Co v Picard [1909] 2 KB 903, 905 (CA), per Vaughan Williams LJ and, on future patent rights, see Printing and Numerical Registering Co v Sampson (1875) LR 19 Eq 462) and declare that patents are not choses in action. Sir Raymond Evershed, the then Master of the Rolls, stated in 1952: ‘An English patent is a species of English property of the nature of a chose in action and peculiar in character’, British Nylon Spinners Ltd v ICI Ltd [1953] Ch 19, 26 [1952] 2 All ER 780, 783, CA, cited in the substantive hearing of the same case [1955] Ch 37, 51, [1954] 3 All ER 88, 91. See also Beecham Group plc v Gist-Brocades NV [1986] 1 WLR 51, 59, HL, per Lord Diplock. Copyright has also been expressly stated by the courts to be a chose in action. See Chaplin v Leslie Frewin (Publishers) Ltd [1966] Ch 71, [1965] 3 All ER 764, CA; Patterson Zochonis and Co Ltd v Mefarkin Packaging Ltd [1986] 3 All ER 522 (CA); Cambell Connolly & Co Ltd v Noble [1963] 1 All ER 237, [1963] 1 WLR 252. And as a leading text of its era said:
ABSTRACT
For want of a better classification, these subjects of personal property are now usually spoken of as choses in action. They are, in fact, personal property of an incorporeal nature, and a reference to the history of their classification amongst choses in action may help to explain some of their peculiarities (Williams, Personal Property, 1st edn, 1848).
