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A draft expert manual is provided. The draft manual deals with: definitions; standard-setting practices; patents; copyrights; layout circuits; trade secrets; IP remedies (including injunctions and damages); and competition law.
Drawing on macro-historical sociological theories, this book traces the development of intellectual property as a new type of legal property in the modern nation-state system. In its current form, intellectual property is considered part of an infrastructure of state power that incentivizes innovation, creativity, and scientific development, all engines of economic growth. To show how this infrastructure of power emerged, Laura Ford follows macro-historical social theorists, including Michael Mann and Max Weber, back to antiquity, revealing that legal instruments very similar to modern intellectual property have existed for a long time and have also been deployed for similar purposes. Using comparative and historical evidence, this groundbreaking work reflects on the role of intellectual property in our contemporary political communities and societies; on the close relationship between law and religion; and on the extent to which law's obliging force depends on ancient, written traditions.
In this chapter, I argue that the formation of intellectual property was enabled by a cultural transformation, involving the embrace of natural legality, a transformation that parallels, in significant respects, the Christianization of imperial Rome. In this cultural transformation, traditions of Roman law were rediscovered as a naturalistic foundation for sociability and national economic life. The commodification of human creativity and inventive discovery, through intellectual property rights, made sense, within the culture of natural legality, as a justified response to natural, but extraordinary, powers of human creativity, and became part of a broader strategy for national empowerment. The combination of Roman law with interpretations of Christian obligation that emphasized natural sociability and legality gave new form to a natural rights tradition, one that providing legitimating foundations for the recognition of intellectual property under principles of English common law. The chapter concludes with a focus on the U.S. constitutional convention of 1787, and the embrace of intellectual property as part of the constitutional framework for a powerful, national state.
This chapter examines how certain other forms of intangible assets, namely: patents, copyright, registered trade marks; and the benefit arising under a policy of life assurance, or a marine policy, may be dealt with by means of statutes specifically tailored for such assets. It compares the operation of such statutes to the operation of Law of Property Agt 1925, section 136(1).
The period from 1695 to 1830, from the lapse of the Licensing Act to the eve of the Reform Bill, thus saw major transformations in the legal culture within which the book trade operated. When the guild system was supplanted by the Statute of Anne, however, the great booksellers managed to maintain control of their valuable old copyrights for the better part of a century until in 1774 the House of Lords declared copyright to be limited in term. Instead of basing the term of copyright protection solely on publication, the Act related it to the author's life by providing protection for twenty-eight years or the life of the author, whichever was longer. This marked a major conceptual evolution in copyright. The lapse of the Licensing Act ended pre-publication censorship and radically changed the power of the state to regulate the press, but it did not totally end regulation.
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