International Business Law
Introduction
Intellectual Property is an idea or innovation that is created or discovered. This includes things that you write, design, invent, software, trade secrets, sing, speak, draw, learn, etc... Intellectual property can be created by you or you can pay someone to create it for you. Intellectual property is protected by trade secrets, patents, trademarks and copyright laws. Each of these laws covers a specific type of intellectual property.
History of Intellectual Property Law
Intellectual property law dates at least as far back as medieval Europe. In those times, “guilds,” or associations of artisans in a particular industry, were granted authority by the governments to control the regulation and conduct of the various industries. These guilds exercised control over what items could be imported, marketed and produced and the manner in which new inventions, devices and procedures could be introduced to the stream of commerce. Because the authorities for these guilds were given by the governments, and because they concentrated the power to regulate an industry in a select few, and were not earned by innovation, skill or creativity, these guilds did far more to stifle creativity and invention than to encourage it.
Intellectual property law at that time was driven not by an interest in creation and innovation, but rather by political and religious motivations. For example, the 1556 establishment of the Stationers’ Company’s monopoly in England was largely intended to help limit the Protestant Reformation movement's power. By putting the entire printing industry in the control of this company, the government and church could prevent the dissemination of ideas. See Copyright for the Nineties, Gorman and Ginsburg, 1, the Michie Company (1993). See also Intellectual Property: The Law of Copyrights, Patents and Trademarks, Schechter and Thomas, 13, West Group (2003) (stating the monopoly was granted in 1557).
Example: Jorge is a merchant who believes that the
Intellectual Property is an idea or innovation that is created or discovered. This includes things that you write, design, invent, software, trade secrets, sing, speak, draw, learn, etc... Intellectual property can be created by you or you can pay someone to create it for you. Intellectual property is protected by trade secrets, patents, trademarks and copyright laws. Each of these laws covers a specific type of intellectual property.
History of Intellectual Property Law
Intellectual property law dates at least as far back as medieval Europe. In those times, “guilds,” or associations of artisans in a particular industry, were granted authority by the governments to control the regulation and conduct of the various industries. These guilds exercised control over what items could be imported, marketed and produced and the manner in which new inventions, devices and procedures could be introduced to the stream of commerce. Because the authorities for these guilds were given by the governments, and because they concentrated the power to regulate an industry in a select few, and were not earned by innovation, skill or creativity, these guilds did far more to stifle creativity and invention than to encourage it.
Intellectual property law at that time was driven not by an interest in creation and innovation, but rather by political and religious motivations. For example, the 1556 establishment of the Stationers’ Company’s monopoly in England was largely intended to help limit the Protestant Reformation movement's power. By putting the entire printing industry in the control of this company, the government and church could prevent the dissemination of ideas. See Copyright for the Nineties, Gorman and Ginsburg, 1, the Michie Company (1993). See also Intellectual Property: The Law of Copyrights, Patents and Trademarks, Schechter and Thomas, 13, West Group (2003) (stating the monopoly was granted in 1557).
Example: Jorge is a merchant who believes that the