Editing Intellectual property (section)

==History==
{{Main|History of copyright law|History of patent law}}
[[File:Statute of anne.jpg|thumb|The [[Statute of Anne]] came into force in 1710.]]

The [[Venetian Patent Statute]] of 19&nbsp;March 1474, established by the [[Republic of Venice]], is usually considered to be the earliest codified patent system in the world.<ref>{{Cite book |last=Ladas |first=Stephen Pericles |title=Patents, trademarks, and related rights: national and international protection |date=1975 |publisher=Harvard University Press |isbn=978-0-674-65775-5 |location=Cambridge, Mass}}</ref><ref>{{Cite book |title=The industrial revolution in national context: Europe and the USA |date=1996 |publisher=Cambridge Univ. Press |isbn=978-0-521-40940-7 |editor-last=Teich |editor-first=Mikuláš |edition=1. publ |location=Cambridge |editor-last2=Porter |editor-first2=Roy}}</ref> It states that patents might be granted for "any [[Novelty (patent)|new]] and ingenious device, not previously made", provided it was useful. By and large, these principles still remain the basic principles of current patent laws. The [[Statute of Monopolies]] (1624) and the British [[Statute of Anne]] (1710) are seen as the origins of the current [[patent law]] and [[copyright]] respectively,<ref>{{cite book|first1=Brad|last1=Sherman|first2=Lionel|last2=Bently|url=https://books.google.com/books?id=5Whg1aNLr30C&q=%221710+Statute+of+Anne+and+the+1624+Statute+of+Monopolies%22 |title=The Making of Modern Intellectual Property Law: The British experience, 1760–1911|publisher=Cambridge University Press|year=1999|isbn=978-0-521-56363-5|page=207}}</ref> 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 ''[[The Monthly Review (London)|Monthly Review]]'' in 1769 used the phrase.<ref>{{OED | intellectual property }} (Citing ''Monthly Review'', [https://books.google.com/books?id=cMsvAAAAYAAJ&pg=PA290 vol. 41. p. 290] (1769): "What a niggard this Doctor is of his own, and how profuse he is of other people's intellectual property.")</ref> 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.<ref>{{OED | intellectual property }} (Citing ''Medical Repository Of Original Essays And Intelligence'', [https://books.google.com/books?id=Ij9JAAAAYAAJ&pg=PA303 vol. 11. p. 303] (1808): "New-England Association in favour of Inventors and Discoverers, and particularly for the Protection of intellectual Property.")</ref>

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.<ref>[https://web.archive.org/web/20040706175038/http://www.verfassungen.de/de/de67-18/verfassung67-i.htm 'Article 4 No. 6 of the Constitution of 1867 (German)'] Hastings Law Journal, Vol. 52, p. 1255, 2001</ref> When the administrative secretariats established by the [[Paris Convention for the Protection of Industrial Property|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 [[WIPO Convention|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),<ref name="Lemley 2005" /> and it did not enter popular usage there until passage of the [[Bayh–Dole Act]] in 1980.<ref>Mark A. Lemley, [https://ssrn.com/abstract=582602 "Property, Intellectual Property, and Free Riding"] (Abstract); see Table 1: 4–5.</ref>

<blockquote>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.<ref>Mossoff, A. [https://ssrn.com/abstract=863925 'Rethinking the Development of Patents: An Intellectual History, 1550–1800,'] Hastings Law Journal, Vol. 52, p. 1255, 2001</ref></blockquote>

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's own ... as the wheat he cultivates, or the flocks he rears."<ref>''1 Woodb. & M. 53, 3 West. L.J. 151, 7 F.Cas. 197, No. 3662, 2 Robb.Pat.Cas. 303, Merw.Pat.Inv. 414''</ref> 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."<ref>{{cite web|title=Patent Archives – Ladas & Parry LLP|url=http://www.ladas.com/Patents/USPatentHistory.html|website=Ladas & Parry|publisher=Ladas.com|url-status=dead|archive-url=https://web.archive.org/web/20130115040700/http://www.ladas.com/Patents/USPatentHistory.html|archive-date=15 January 2013|access-date=17 August 2015}}</ref> In Europe, [[France|French]] author A. Nion mentioned ''propriété intellectuelle'' in his ''Droits civils des auteurs, artistes et inventeurs'', published in 1846.

Until the 2000s, the purpose of intellectual property law was to give as little protection as possible in order to encourage [[innovation]]. Historically, legal protection was therefore granted only when necessary to encourage invention, and it was limited in time and scope.<ref name="Mark A. Lemley">{{cite web|title=Property, Intellectual Property, and Free Riding|url=http://heinonline.org/HOL/Page?handle=hein.journals/tlr83&div=30&g_sent=1&collection=journals|author=Mark A. Lemley|website=Heinonline|publisher=Heinonline.org|access-date=17 August 2015}}</ref> This is mainly as a result of knowledge being traditionally viewed as a public good, in order to allow its extensive dissemination and improvement.<ref>{{Cite news |title=The liquidity of innovation |newspaper=The Economist |url=https://www.economist.com/special-report/2005/10/22/the-liquidity-of-innovation |access-date=1 September 2022 |issn=0013-0613}}</ref>

The concept's origin can potentially 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 Hasagat Ge'vul (unfair encroachment) was used to justify limited-term publisher (but not author) copyright in the 16th century.<ref>{{cite web|url=http://www.jlaw.com/Articles/copyright1.html|title=Jewish Law – Articles ("Jewish Law and Copyright")|publisher=Jlaw.com |access-date=17 August 2015}}</ref> In 500&nbsp;BCE, the government of the Greek state of [[Sybaris]] offered one year's patent "to all who should discover any new refinement in luxury".<ref>Charles Anthon, A Classical Dictionary: Containing an Account of the Principal Proper Names Mentioned in Ancient Authors, and Intended to Elucidate All the Important Points Connected with the Geography, History, Biography, Mythology, and Fine Arts of the Greek and Romans. Together with an Account of Coins, Weights, and Measures, with Tabular Values of the Same 1273 (Harper & Brothers 1841). See also "The first patent law was enacted in Sybaris, a city in the South of Italy, before the Roman domination; The law was mentioned by Atheneus, an ancient writer..." in Takenaka, Toshiko (2013). Intellectual Property in Common Law and Civil Law. Edward Elgar Publishing, p. 419. (chapter by Mario Franzosi).</ref>

According to Jean-Frédéric Morin, "the global intellectual property regime is currently in the midst of a paradigm shift".<ref>{{cite web|last=Morin|first=Jean-Frédéric|title=Paradigm shift in the global IP regime: The agency of academics, Review of International Political Economy, vol 21-2, 2014, p. 275|url=http://www.chaire-epi.ulaval.ca/sites/chaire-epi.ulaval.ca/files/publications/morin_2014_paradigm_shift_agency_of_academics.pdf}}</ref> 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 and to several fields with little consideration over social, cultural or environmental values or of the national level of economic development. Morin argues that "the emerging discourse of the global IP regime advocates for greater policy flexibility and greater access to knowledge, especially for developing countries". With the Development Agenda adopted by WIPO in 2007, a set of 45 recommendations to adjust WIPO's 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.<ref>{{cite web|last=Morin|first=Jean-Frédéric|title=Paradigm shift in the global IP regime: The agency of academics, Review of International Political Economy, vol 21-2, 2014, p. 275|url=http://www.chaire-epi.ulaval.ca/sites/chaire-epi.ulaval.ca/files/publications/morin_2014_paradigm_shift_agency_of_academics.pdf}}</ref> However, this paradigm shift has not yet manifested itself in concrete legal reforms at the international level.<ref>{{cite web|last=Morin|first=Jean-Frédéric|title=Paradigm shift in the global IP regime: The agency of academics, Review of International Political Economy, vol 21-2, 2014, p. 275|url=http://www.chaire-epi.ulaval.ca/sites/chaire-epi.ulaval.ca/files/publications/morin_2014_paradigm_shift_agency_of_academics.pdf}}</ref>

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.<ref>{{Cite journal|last=Roisah|first=Kholis|date=26 December 2017|title=Understanding Trade-Related Aspects of Intellectual Property Rights Agreement: From Hard and Soft Law Perspective|journal=Hasanuddin Law Review|volume=3|issue=3|pages=277–289|doi=10.20956/halrev.v3i3.1153|issn=2442-9899|doi-access=free}}</ref> 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 agreement reached by the world.<ref>{{Cite web |title=WTO {{!}} intellectual property (TRIPS) - Responding to least developed countries' special needs in intellectual property |url=https://www.wto.org/english/tratop_e/trips_e/ldc_e.htm |access-date=1 September 2022 |website=wto.org}}</ref>