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2 - The Rise of the Intellectual Property System

Published online by Cambridge University Press:  05 June 2012

Michael A. Gollin
Affiliation:
Venable LLP, Washington DC
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Summary

This chapter begins by detailing the various definitions people use for intellectual property – from dictionaries, law, accounting, management, and scholars. The chapter continues by chronicling the rise of the global intellectual property system, from its roots in ancient times, through the Venetian innovation of patent law. The chapter finishes with a summary of the evolution of the modern international framework of intellectual property laws.

DEFINING INTELLECTUAL PROPERTY

Before going further, we should clarify the definitions of intellectual property. People use the term “intellectual property” to refer to at least five different concepts, and this causes great confusion. By being aware of each definition, an informed reader can identify which meaning is intended in a given context. This is an important step toward intellectual property literacy in the global arena. Even people experienced with specific aspects of intellectual property may not be familiar with all the definitions. Being able to discriminate between them is a starting point for understanding the many conflicting views of the topic.

Dictionaries. Dictionaries define intellectual property essentially as something intangible, created by the use of mental ability, to which legal rights attach. The bundle of legal rights generally associated with ownership of property since Roman times includes the right to use a piece of property, to exclude others, and to benefit from, transfer, or destroy the property.

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Chapter
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Driving Innovation
Intellectual Property Strategies for a Dynamic World
, pp. 22 - 35
Publisher: Cambridge University Press
Print publication year: 2008

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