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Lecture 16:
Legal Issues and Summary Learn Financial Legal Issues - Patents, Trademarks, Copyrights
Video Intellectual property (IP) is a term referring to creations of the intellect for which a monopoly is assigned to designated owners by law.[1] Some common types of intellectual property rights (
IPR) are copyright, patents, and industrial design rights; and the rights that protect trademarks, trade dress, and in some jurisdictions trade secrets: all these cover music, literature, and other artistic works; discoveries and inventions; and words, phrases, symbols, and designs.
While intellectual property law has evolved over centuries, it was not until the
19th century that the term intellectual property began to be used, and not until the late
20th century that it became commonplace in the majority of the world.[2]
Contents [hide]
1
History
2
Intellectual property rights
2.1 Patents
2.2 Copyright
2.3
Industrial design rights
2.4 Plant varieties
2.5 Trademarks
2.6
Trade dress
2.7
Trade secrets
3 Objectives of intellectual property law
3.1 Financial incentive
3.2
Economic growth
3.3
Morality
4 Infringement, misappropriation, and enforcement
4.1
Patent infringement
4.2
Copyright infringement
4.3
Trademark infringement
4.4
Trade secret misappropriation
5 Criticisms
5.1 The term "intellectual property"
5.1.1
Alternative terms
5.2 Objections to overbroad intellectual property laws
5.3
Expansion in nature and scope of intellectual property laws
6 See also
7
Notes
8 References
9
External links
History[edit]
Main articles:
History of copyright law and
History of patent law
The
Statute of Anne came into force in 1710
The
Statute of Monopolies (1624) and the
British Statute of Anne (1710) are seen as the origins of patent law and copyright respectively,[3] firmly establishing the concept of intellectual property.
The first known use of the term intellectual property dates to 1769, when a piece published in the
Monthly Review used the phrase.[4] The first clear example of modern usage goes back as early as 1808, when it was used as a heading title in a collection of essays.[5]
The German equivalent was used with the founding of the
North German Confederation whose constitution granted legislative power over the protection of intellectual property (
Schutz des geistigen Eigentums) to the confederation.[6] When the administrative secretariats established by the
Paris Convention (1883) and the
Berne Convention (1886) merged in 1893, they located in
Berne, and also adopted the term intellectual property in their new combined title, the
United International Bureaux for the
Protection of
Intellectual Property.
The organization subsequently relocated to
Geneva in 1960, and was succeeded in 1967 with the establishment of the
World Intellectual Property Organization (
WIPO) by treaty as an agency of the
United Nations. According to Lemley, it was only at this
point that the term really began to be used in the
United States (which had not been a party to the Berne Convention),[2] and it did not enter popular usage until passage of the
Bayh-Dole Act in
1980.[7]
"The history of patents does not begin with inventions, but rather with royal grants by
Queen Elizabeth I (1558–1603) for monopoly privileges
... Approximately
200 years after the end of
Elizabeth's reign, however, a patent represents a legal right obtained by an inventor providing for exclusive control over the production and sale of his mechanical or scientific invention... [demonstrating] the evolution of patents from royal prerogative to common-law doctrine."[8]
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- published: 11 Aug 2015
- views: 12