This article is about the legal concept. For the 2006 film, see Intellectual Property (film).Intellectual property Primary rights Intellectual rights Copyright Patent Trademark Trade dress Trade secret Geographical indicationSui generis rights Authors#39; rights Database right Indigenous intellectual property Industrial design right Integrated circuit layout design protection Moral rights Plant breeders#39; rights Related rights Supplementary protection certificate Utility model Related topics Abandonware Anti-copyright Bioprospecting Cultural appropriation Limitations and exceptions to copyright Fair dealing Fair use Paraphrasing Right to quote Orphan works Patent troll Public domain Outline of intellectual property (Outline of patents) Higher category: Property and Property law
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Intellectual property (IP) is a category of property that includes intangible creations of the human intellect.[1][2] Intellectual property encompasses two types of rights; industrial property rights (trademarks, patents, designations of origin, industrial designs and models) and copyright.[3][4][5][6][7] 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.[8]
The main purpose of intellectual property law is to encourage the creation of a large variety of intellectual goods.[9] 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 profit from the information and intellectual goods they create.[10] These economic incentives are expected to stimulate innovation and contribute to the technological progress of countries, which depends on the extent of protection granted to innovators.[11]
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 goods suffer from problems of appropriation – a landowner can surround their land with a robust fence and hire armed guards to protect it, but a producer of information 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 rights so that they are strong enough to encourage the creation of intellectual goods but not so strong that they prevent the goods#39; wide use is the primary focus of modern intellectual property law.[12]
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,[13] firmly establishing the concept of intellectual property.
'Literary property' was the term predominantly 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 (Millar v Taylor (1769), Hinton v Donaldson (1773), Donaldson v Becket (1774)). The first known use of the term intellectual property dates to this time, when a piece published in the Monthly Review in 1769 used the phrase.[14] 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.[15]
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.[16] 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 legal scholar Mark 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),[8] and it did not enter popular usage there until passage of the Bayh-Dole Act in 1980.[17]
'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#39;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.'[18]
The term can be found used in an October 1845 Massachusetts Circuit Court ruling in the patent case Davoll et al. 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#39;s own...as the wheat he cultivates, or the flocks he rears.'[19] 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 the property and temporary enjoyment of his discovery, there shall be delivered to him a patent for five, ten or fifteen years.'[20] In Europe, French author A. Nion mentioned proprieacute;teacute; intellectuelle in his Droits civils des aut
This article is about the legal concept. For the 2006 film, see Intellectual Property (film).Intellectual property Primary rights Intellectual rights Copyright Patent Trademark Trade dress Trade secret Geographical indicationSui generis rights Authors#39; rights Database right Indigenous intellectual property Industrial design right Integrated circuit layout design protection Moral rights Plant breeders#39; rights Related rights Supplementary protection certificate Utility model Related topics Abandonware Anti-copyright Bioprospecting Cultural appropriation Limitations and exceptions to copyright Fair dealing Fair use Paraphrasing Right to quote Orphan works Patent troll Public domain Outline of intellectual property (Outline of patents) Higher category: Property and Property law
vte
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect.[1][2] Intellectual property encompasses two types of rights; industrial property rights (trademarks, patents, designations of origin, industrial designs and models) and copyright.[3][4][5][6][7] 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.[8]
The main purpose of intellectual property law is to encourage the creation of a large variety of intellectual goods.[9] 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 profit from the information and intellectual goods they create.[10] These economic incentives are expected to stimulate innovation and contribute to the technological progress of countries, which depends on the extent of protection granted to innovators.[11]
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 goods suffer from problems of appropriation – a landowner can surround their land with a robust fence and hire armed guards to protect it, but a producer of information 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 rights so that they are strong enough to encourage the creation of intellectual goods but not so strong that they prevent the goods#39; wide use is the primary focus of modern intellectual property law.[12]
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,[13] firmly establishing the concept of intellectual property.
'Literary property' was the term predominantly 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 (Millar v Taylor (1769), Hinton v Donaldson (1773), Donaldson v Becket (1774)). The first known use of the term intellectual property dates to this time, when a piece published in the Monthly Review in 1769 used the phrase.[14] 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.[15]
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.[16] 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 legal scholar Mark 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),[8] and it did not enter popular usage there until passage of the Bayh-Dole Act in 1980.[17]
'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#39;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.'[18]
The term can be found used in an October 1845 Massachusetts Circuit Court ruling in the patent case Davoll et al. 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#39;s own...as the wheat he cultivates, or the flocks he rears.'[19] 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 the property and temporary enjoyment of his discovery, there shall be delivered to him a patent for five, ten or fifteen years.'[20] In Europe, French author A. Nion mentioned proprieacute;teacute; intellectuelle in his Droits civils des aut
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