Download PDF by Lionel Bently, Brad Sherman: The Making of Modern Intellectual Property Law: The British

By Lionel Bently, Brad Sherman

ISBN-10: 0521563631

ISBN-13: 9780521563635

This e-book is the 1st unique old account of highbrow estate legislation. partly, it examines why highbrow estate legislations with its subcategories of patents, copyright, designs and exchange marks took the form that it did over the process the 19th century. moreover the authors take care of ways that the legislations supplies estate prestige to intangibles and describe how the legislation got here to create recommendations that enabled it to acknowledge protectable intangibles, and the inescapable difficulties that experience arisen from their use.

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Additional info for The Making of Modern Intellectual Property Law: The British Experience, 1760–1911 (Cambridge Intellectual Property and Information Law)

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Wark) (New Haven: Yale University Press, 1959), 117. Commentators spoke of individuals as having genius, not being a genius. On the notion of genius and creativity see P. : Harvard University Press, 1926); L. , 1925); R. ) E. : Johns Hopkins Press, 1965), 143±63; E. Panofsky, Idea: A Concept in Art Theory (tr. J. : University of South California Press, 1968); H. Dieckmann, `Diderot's Conception of Genius' (1941) 11 Journal of the History of Ideas 151. See J. Hancox, The Queens Chameleon: The Life of John Byrom (London: Jonathan Cape, 1994), ch.

52 Joseph Yates summed up these arguments when he said the whole existence of literary property 50 51 52 `There are then two sources of property, occupancy and labour, which may either subsist separately or be found united': W. En®eld, Observations on Literary Property (1774), 18. `[T]here are no indicia, or marks of appropriation to ascertain the owner of this species of property. What are the marks? It is not in manual occupation; it is not in visible possession, which Lord Kaym's History of Property lays down as an essential condition of property.

The case of literary property, so thoroughly agitated not many years ago in Westminster Hall, presented a curious spectacle: multitudes of advocates and all the judges in and out of of®ce talking about property in general, not one of them knowing what it was, nor how it was created; it was an assembly of blind men disputing about colours': J. ) W. Stark (London: Allen and Unwin, 1952), 265 note. 9 10 Towards a property in intangibles over that of the body, we also see what in many ways was the ®rst attempt to rationalise and order the various areas of law which granted property rights in relation to mental labour.

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The Making of Modern Intellectual Property Law: The British Experience, 1760–1911 (Cambridge Intellectual Property and Information Law) by Lionel Bently, Brad Sherman


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