Intellectual property IP is a category of property that
includes intangible, creations of the human intellect.
There are many types of intellectual property and some
countries recognize more than others.
The best-known types are copyrights patents, trademarks
and Trade Secrets. The modern concept of
intellectual property developed in England in the 17th and 18th
centuries. The term intellectual property
began to be used in the 19th century though, it was not until
the late 20th century. That intellectual property
became commonplace in the majority of the world's legal
systems. The main purpose of intellectual
property law is to encourage the creation of a wide variety of
intellectual Goods to achieve this.
The law gives people and businesses property rights to
the information and intellectual Goods.
They create usually for a limited period of time.
This gives economic incentive for their creation because it
allows people to benefit from the information and intellectual
Goods, they create that allows them to protect their ideas and
prevent copying. These economic incentives are
expected to stimulate Innovation and contribute to the
technological progress. As of countries, which depends
on the extent of protection, granted to innovators the
intangible nature of intellectual property, presents
difficulties when compared with traditional property like land
or Goods unlike traditional property.
Intellectual property is indivisible since an unlimited
number of people can consume an intellectual good without its
being depleted. Additionally, investments in
intellectual. Good suffer, from problems of
appropriation, landowners, can surround their land with a
robust fans, and higher armed guards, to protect it, but
producers of information or literature can usually We do
little to stop their first buyer from replicating it and selling
it at a lower price balancing, right?
So that they are strong enough to encourage the creation of
intellectual Goods, but not so strong that they prevent the
goods wide use is the primary focus of modern intellectual
property, law history, the statute of monopolies 1624 and
the British statute of Anne, 1710 are seen as the origins of
patent law and copyright respectively firmly establishing
the concept of intellectual property.
Literary property was the term. Only used in the British legal
debates of the 1760s and 1770s over the extent to which authors
and Publishers of works also had rights deriving from the common
law of property. Miller, V Taylor 1769 hint and V
Donaldson 1773 Donaldson V. Beckett 1774, the first known
use of the term intellectual property dates to this time when
a piece published in the monthly review in 1769, use the phrase.
The first clear example of modern usage, goes back as early
as eighteen. Oh, eight It was used as a
heading title in a collection of essays.
The German equivalent was used with the founding of the north
German Confederation whose Constitution granted legislative
power over the protection of intellectual property, should
stay guy Stiga negatives to the Confederation.
When the administrative secretary, it's established by
the Paris convention 1883, and the Berne convention 1886 merged
in 1893. They located in Bern and also
adopted the term intellectual property in their new combined
title. The United International bureaus
for the 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 is an agency of
the United Nations according to Legal scholar Mark.
Laemmle 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. And it did not enter popular
usage there until passage of the bay Dole act in 1980.
The history of patents does not begin with inventions.
Yeah. But rather with royal grants by
Queen Elizabeth, the first 1558 to 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. The term can be found used in an
October 1845, Massachusetts Circuit Court ruling in the
patent case to volatile V Brown In which Justice Charles, L
Woodbury, wrote that only in this way.
Can we protect intellectual property the labors of the Mind
Productions and interests are as much a man's own as the Ouija
cultivates or the flocks? Arrears, the statement that
discoveries are property goes back earlier Section, 1 of the
French law of 1791 stated, all new discoveries are the property
of the author to assure, the inventor of the property and
temporary enjoyment of his Discovery.
There shall be delivered to him, a patent for 5, 10 or 15 years
in Europe, French authoring. Ian mentioned, propriety
intellectual and is Drew a civils.
Des auteurs. Artie said, inventors published
in 1846 until recently. The purpose of intellectual
property law was to give as little protection as possible in
order to encourage Innovation, historically there for legal
protection was granted only when necessary to encourage invention
and it was limited in time and scope.
This is mainly as a result of knowledge, being traditionally
viewed as a public good in order to allow its extensive
dissemination and Improvement. The concepts origin can
Attentively. Be traced back further.
Jewish law includes several considerations whose effects are
similar to. Those of modern intellectual
property laws though, the notion of intellectual Creations.
As property does not seem to exist.
Notably, the principle of a saga GE Vol.
Unfair encroachment was used to justify limited term publisher,
but not author. Copyright in the 16th century in
500 BCE the government of the Greek state of Sybaris.
Offered one years patent to all who should discover any new
refinement and luxury. According to Jean Frederick
Morin, In the global intellectual property regime is
currently in the midst of a paradigm shift, indeed up until
the early 2000s. The global IP regime used to be
dominated by high standards of protection.
Characteristic of Ip laws from Europe or the United States with
a vision that uniform application of these standards
over every country into several Fields, with little
consideration, over social cultural, or environmental
values, or of the national level of Economic Development.
More argues that the emerging discourse of the global IP
regime advocates for greater policy flexibility and greater,
Access to knowledge, especially for developing countries indeed
with the development. Agenda adopted by weep o in
2007, a set of 45 recommendations to adjust.
We posed activities to the specific needs of developing
countries and aim to reduce distortions, especially on
issues such as patients access to medicines internet, users
access to information Farmers, access to seeds, programmers
access to Source codes or students access to scientific
articles. However, this Paradigm Shift has
not yet manifested itself in concrete legal reforms.
At the international level. Similarly, it is based on these
background that the trade-related aspects of
intellectual property rights. Trips agreement requires members
of the WTO to set minimum standards of legal protection.
But its objective to have a one fits all Protection.
Law on intellectual property, has been viewed with
controversies regarding differences in the development
level of countries. Despite the controversy, the
agreement has extensively Incorporated intellectual
property rights into the global trading system for the first
time in 1995 and has prevailed as the most comprehensive.
Raymond reached by the world rights intellectual property.
Rights include patents copyright, industrial design
rights, trademarks plant, variety rights trade dress,
geographical indications and in some jurisdictions Trade
Secrets. There are also more Specialized
or derived varieties of sweet generous exclusive rights such
as circuit design rights called mask work rights.
In the US supplementary protection, certificates for
pharmaceutical products, after expiry of a patent, protecting
them and database rights. In European law, the term
industrial property is sometimes used to refer to a large subset
of intellectual property rights including patents, trademarks
industrial designs, utility models, service marks trade
names and geographical indications patents.
A patent is a form of, right? Granted by the government to an
inventor, or their successor and title, giving the owner, the
right to exclude, others from making using selling offering to
sell and importing, an invention for a limited period of time.
In exchange for the public disclosure of Invention, an
invention is a solution to a specific technological problem,
which may be a product or process.
In generally has to fulfill three main requirements.
It has to be new, not obvious, and there needs to be an
industrial applicability to enrich the body of knowledge and
stimulate Innovation. It is an obligation for patent
owners to disclose valuable information about their
inventions to the public copyright.
A copyright gives the creator of an original work, exclusive
rights to it. Usually, for a limited time.
Copyright May apply to a wide range of Creative intellectual
or artistic forms or Works. Copyright does not cover ideas
and information themselves. Only the form or manner in which
they are expressed industrial design, rights an industrial
design, right? Sometimes called design Rider
design, patent protects the visual design of objects that
are not purely. Utilitarian, an industrial
design consists of the creation of a shape configuration or
composition of pattern or color or combination of pattern and
color. And three-dimensional form
containing aesthetic value, an Drill design can be a two or
three dimensional pattern used to produce a product industrial
commodity or handicraft. Generally, speaking it is, what
makes a product look appealing. And as such it increases, the
commercial value of goods, plant varieties, plant breeders rights
or plant variety rights, are the rights to commercially use a new
variety of a plant. The variety must amongst others
be novel, indistinct. And for registration, the
evaluation of propagating material of the variety is
considered trademarks. A trademark is a recognizable
sign. Design or expression which
distinguishes products or Services of a particular Trader
from similar products or Services of other Traders trade
dress. Trade dress is a legal term of
art that generally refers to characteristics of the visual
and aesthetic appearance of a product or its packaging or even
the design of a building that signify, the source of the
product to Consumers. Trade Secrets a trade, secret is
a Formula practice process design, instrument pattern, or
compilation of information, which is not generally known or
reasonably ascertainable. By which a business can obtain
an economic advantage over competitors and customers.
There is no formal government protection.
Granted each business must take measures to guard its own trade
secrets, for example, formula of its soft drinks as a trade
secret for Coca-Cola. Motivation and justification,
the main purpose of intellectual property.
Law is to encourage the creation of a wide variety of
intellectual goods for consumers to achieve this, the law gives
people and businesses property rights to the information and
intellectual Goods. They create usually for A
limited period of time because they can then profit from them.
This gives economic incentive for their creation.
The intangible nature of intellectual property presents
difficulties when compared with traditional property like land
or Goods unlike traditional property.
Intellectual property is indivisible, an unlimited number
of people can consume an intellectual good without it
being depleted. Additionally, investments in
intellectual good suffer, from problems of appropriation, while
a landowner can surround their land with a robust fence and
higher armed guards to protect it, a producer of Nation or an
intellectual good. Can usually do very little to
stop their first buyer from replicating it and selling it at
a lower price balancing. Right?
So that they are strong enough to encourage the creation of
information and intellectual Goods but not so strong.
That they prevent their wide use is the primary focus of modern
intellectual property law by exchanging limited exclusive
rights for disclosure of inventions and creative Works
society, and the patentee or copyright owner mutually
benefit. And an incentive is created for
inventors and authors to create and disclose their work.
Some commentators have have noted that the objective of
intellectual property legislators and those who
support its implementation appears to be absolute
protection. If some intellectual property is
desirable because it encourages Innovation, they reason more is
better. The thinking, is that creators
will not have sufficient incentive to invent unless they
are legally entitled to capture the full social value of their
inventions. This absolute protection or full
value view treats intellectual property as another type of real
property. Typically adopting its law and
rhetoric other recent developments in intellectual
property law. such as the America invents, act stress
International harmonization recently, there is also been
much debate over the desirability of using
intellectual property rights to protect cultural heritage,
including intangible ones, as well as over risks of
commodification derived from this possibility, the issue
Still Remains open in legal scholarship