The Rise of the Intellectual Property System

2012 ◽  
pp. 22-35
Author(s):  
Michael A. Gollin
2021 ◽  
pp. 135918352110288
Author(s):  
Eva Hemmungs Wirtén

This article is about an everyday paper object: an envelope. However, as opposed to most other flat paper containers, the enveloppe Soleau can only be bought from L’Institut national de la propriété industrielle (INPI) in Paris. At the cost of €15 you get a perforated, double-compartment envelope allowing you to constitute proof of creation and assign a precise date to your idea or project. But the enveloppe Soleau is something much more than just a simple and cheap way by which you can prove priority in any creative domain. It is a material footprint anchored to centuries of practices associated with disclosure and secrecy, a gateway into the infrastructure of the intellectual property system and its complicated relationship to the forms of knowledge it purports to hold. The purpose of this article is to consider the making of the enveloppe Soleau as a bureaucratic document, a material device performing a particular kind of legal paperwork. In four different vignettes, the article tracks the material becoming of the enveloppe Soleau as an evidentiary receptacle, beginning by going back to early modern practices of secrecy and priority, continuing with its consolidation in two patents (from 1910 and 1911) to the inventor Eugène Soleau (1852–1929), and ending up, in 2016, dematerialized in the e-Soleau. As a bureaucratic document, the enveloppe Soleau shows just how much work a mundane paper object can perform, navigating a particular materiality (a patented double envelope); formalized processes of proof (where perforations have legal significance); the practices of double archiving (in an institution and with the individual) and strict temporal limitations (a decade). Ultimately, the enveloppe Soleau travels between the material and immaterial, between private and public, between secrecy and disclosure, but also between what we perceive of as the outside and inside of the intellectual property system.


2000 ◽  
Author(s):  
Jeff E. Schwartz ◽  
Richard T. Girards ◽  
Karen A. Borrelli

Abstract Engineers, by the practice of their profession, regularly apply new methods and products to the end of solving old problems. These new methods and products may prove to be both commercially useful and financially valuable. The U.S. intellectual property system can afford such innovations broad protection from old fashioned “poaching” by securing for their creators/inventors powerful legal rights to such innovations.


2001 ◽  
Vol 15 (3) ◽  
pp. 233-246 ◽  
Author(s):  
B. Zorina Khan ◽  
Kenneth L Sokoloff

The U.S. was a pioneer in establishing the world's first modern intellectual property system. That system was distinguished by the provision of broad access to, and strict enforcement of, property rights in new inventions, coupled with the requirement of public disclosure, and it was effective at stimulating the growth of a market for technology and technical change more generally. Far from being static, fundamental modifications were introduced over time in response to changing circumstances. That such adjustments so often proved to be constructive owes partly to a private market being a central feature of the system, and partly to the democratic structure of U.S. institutions.


Author(s):  
Wenjia Ding

In the process of promoting the national intellectual property strategy, domestic enterprises should seize the opportunity to develop their own intellectual property system according to their actual situations. The communication industry as an example of statistical data and specific analysis of patent applications in emerging technology field in recent years are supplied in the article.


2018 ◽  
Vol 18 (2) ◽  
pp. 172-199 ◽  
Author(s):  
Cleiton Rodrigues de Vasconcelos ◽  
Daniel Pereira da Silva

The protection of intellectual property (IP) is a crucial area to support the development process of any country, as it is in this context that the biggest strategic disputes are taking place. In recent years Brazil has developed some actions to achieve greater efficiency in the public IP management system, but are we on the right track? The present study seeks to present answers regarding the performance of Brazil and to highlight the advances and challenges regarding the IP system. The methodological approach was structured based on a review in the literature, highlighting the scientific, economic and technological indicators on the development of IP and the main IP objects registered with the Brazilian national intellectual property body (INPI) in the period of 2013 to 2016, in the areas of patents, trademarks, industrial design, computer program, circuit topography, technology contracts and geographical indication.


2017 ◽  
Vol 2017 (1) ◽  
pp. 62-85
Author(s):  
Anastasiya Morosanova ◽  
Anna Meleshkina

The article reflects the main aspects that should be taken into account in developing and changing the regulation of intellectual property sphere. Being harmful in some aspects, piracy also has a number of properties that can be useful for copyright owners: information, network and indirect effects. The paper presents a mathematical model showing the case where the protection of intellection activity result can cause more damage to public welfare than piracy itself. The findings show a need for tools more flexible than the intellectual property system so that every copyright owner can choose the required level of protection.


2020 ◽  
Vol 27 (5) ◽  
pp. 684-694
Author(s):  
Krishnamani Jayaraman

In its recent judgment in the Sisvel v. Xiaomi case, the Court of Appeal of the Hague has demonstrated how European national legal systems and judiciary therein strive to uphold legitimacy of the intellectual property system. Involving dimensions of both substantive patent law and competition law, the case emphasized proportionality etched in European Union law to determine the legitimate cohesive balance for stakeholder economic interests in the protection, enforcement and use of intellectual property rights. This case note documents the salient features of the judgment and further comments on striking legal concepts that marked the case.


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