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Foreword

Marie-Christine Janssens
Affiliation:
Full professor Faculty of Law, KU Leuven Head of the KU Leuven Centre for IT & IP Law (CiTiP)
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Summary

Original and new intellectual creations and innovations merit protection. The obviousness of this insight was already apparent in earlier times when the system of intellectual property law, in the sense we understand it today, was not yet in existence. By way of example, I refer to Ancient Greece, and in particular the colony ‘Sybaris’ (Magna Graecia in Italy) that enacted one of the first intellectual property protection acts in history in relation with … dishes! In this city – where inhabitants were reputable gourmets – a law was issued that granted chefs a one year monopoly on the preparation of an outstanding dish. This example is somehow at odds with our current copyright system in view of the recent decision of the Court of Justice that the taste of food does not qualify as protectable subject matter under EU Copyright law (case Levola, C-310/17). Yet, it serves to showcase the more general viewpoint that original and novel achievements of individuals were worth protecting. In the sector of trademark law, reference is usually made to ancient Egypt, Greece and Rome where potters themselves made sure that their craftsmanship would be recognised by applying a distinctive sign on their pottery. As regards novel inventions, an initiative of the Italian City State of Venice comes to mind where it was decided, in the 1470s, to grant a 10-year-patent to anyone who would make a new and ingenious contrivance in the city of Venice.

Although these historical examples do not actually testify of the existence of a system serving the same purposes as modern IP law, they already implicitly confirm the importance of a regulatory scheme that enables rightholders to reap the benefits of investments into new inventions and creations.

However, as is commonly agreed on today, intellectual property assets can only lead to benefits when the acquired intellectual property rights can be efficiently enforced. For many years now, counterfeiting and piracy have become an international, oft en professional, market with significant negative economic and social consequences. More in general, infringements to intellectual property rights pose a serious threat not only to individual rightholders, but also to companies’ assets and the overall economy. It is therefore of paramount importance to link any IP protection scheme to an efficient enforcement system.

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  • Foreword
  • Edited by Flip Petillion
  • Book: Enforcement of Intellectual Property Rights in the EU Member States
  • Online publication: 12 April 2019
  • Chapter DOI: https://doi.org/10.1017/9781780687827.001
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  • Foreword
  • Edited by Flip Petillion
  • Book: Enforcement of Intellectual Property Rights in the EU Member States
  • Online publication: 12 April 2019
  • Chapter DOI: https://doi.org/10.1017/9781780687827.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Foreword
  • Edited by Flip Petillion
  • Book: Enforcement of Intellectual Property Rights in the EU Member States
  • Online publication: 12 April 2019
  • Chapter DOI: https://doi.org/10.1017/9781780687827.001
Available formats
×