Intellectual property (IP) is a term referring to a number of distinct types of creations of the mind for which property rights are recognised--and the corresponding fields of law.^[1] Under intellectual property law, owners are granted certain exclusive rights In Anglo-Saxon law, an exclusive right is a de facto, non-tangible prerogative existing in law to perform an action or acquire a benefit and to permit or deny others the right to perform the same action or to acquire the same benefit. Which is a "prerogative" is in effect an exclusive right, the term is restricted for use for official to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property include copyrights Copyright is the set of exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and adapt the work. These rights can be licensed, transferred and/or assigned. Copyright lasts for a certain time period after which the work is said to enter the public domain. Copyright applies to a wide range of, trademarks A trademark or trade mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities, patents A patent is a set of exclusive rights granted by a state (national government) to an inventor or their assignee for a limited period of time in exchange for a public disclosure of an invention, industrial design rights An Industrial design right is an intellectual property right that protects the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three dimensional form containing aesthetic value. An industrial and trade secrets A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors or customers. In some jurisdictions, such secrets are referred to as "confidential information" or " in some jurisdictions.

Although many of the legal principles governing intellectual property have evolved over centuries, it was not until the 19th century that the term intellectual property began to be used, and not until the late 20th century that it became commonplace in the United States.^[2] The British Statute of Anne The Statute of Anne, short title Copyright Act 1709 8 Anne c.19; long title An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein mentioned, was the first copyright statute in the Kingdom of Great Britain . It was enacted in 1709 and entered into force 1710 and the Statute of Monopolies 1623 The Parliament of England's Statute of Monopolies of 1623 provided strict rules on the circumstances in which the first inventor of a given item could be given exclusive rights to that invention, provided that it was not “contrary to the law nor mischievous to the state by raising prices of commodities at home, or hurt of trade, or generally are now seen as the origin of copyright Copyright is the set of exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and adapt the work. These rights can be licensed, transferred and/or assigned. Copyright lasts for a certain time period after which the work is said to enter the public domain. Copyright applies to a wide range of and patent law A patent is a set of exclusive rights granted by a state (national government) to an inventor or their assignee for a limited period of time in exchange for a public disclosure of an invention respectively.^[3]

Objectives

Financial incentive

These exclusive rights allow owners of intellectual property to benefit from the property they have created, providing a financial incentive for the creation of and investment in intellectual property, and, in case of patents, pay associated research and development New product design and development is more often than not a crucial factor in the survival of a company. In an industry that is fast changing, firms must continually revise their design and range of products. This is necessary due to continuous technology change and development as well as other competitors and the changing preference of customers costs.^[4] Some commentators, such as David Levine David Knudsen Levine is the John H. Biggs Distinguished Professor of Economics at Washington University in St. Louis. His research includes the study of intellectual property and endogenous growth in dynamic general equilibrium models, the endogenous formation of preferences, social norms and institutions, learning in games, and game theory and Michele Boldrin Michele Boldrin is an Italian American economist, an expert in public policy, property rights, economic crisis and economic growth. He is currently a Joseph Gibson Hoyt Distinguished Professor in Arts and Sciences and chair of the Department of Economics at Washington University in St. Louis. Along with his colleague and coauthor David Levine, he, dispute this justification.^[5]

Economic growth

The existence of IP laws is credited with significant contributions toward economic growth.^{[citation needed]} Economists estimate that two-thirds of the value of large businesses in the U.S. can be traced to intangible assets.^{[citation needed]} "IP-intensive industries" are estimated to generate 72 percent more value added In economics, the difference between the sale price of a product and the cost of materials to produce it is the value added. In national accounts used in macroeconomics, it refers to the contribution of the factors of production, i.e., land, labor, and capital goods, to raising the value of a product and corresponds to the incomes received by the (price minus material cost) per employee than "non-IP-intensive industries".^{[6][dubious – discuss]}

A joint research project of the WIPO The World Intellectual Property Organization is one of the 16 specialized agencies of the United Nations. WIPO was created in 1967 "to encourage creative activity, to promote the protection of intellectual property throughout the world." and the United Nations University The United Nations University (UNU) is a United Nations agency established in Tokyo in 1973 to "research into the pressing global problems of human survival, development and welfare that are the concern of the United Nations and its agencies". It is a think tank for the United Nations and the member states. Its creation was set in motion measuring the impact of IP systems on six Asian countries found "a positive correlation between the strengthening of the IP system and subsequent economic growth." ^[7] Other models would not expect that this correlation necessarily mean causation, such as the Nash equilibrium In game theory, Nash equilibrium is a solution concept of a game involving two or more players, in which each player is assumed to know the equilibrium strategies of the other players, and no player has anything to gain by changing only his or her own strategy unilaterally. If each player has chosen a strategy and no player can benefit by changing, which predicts they patent holders will prefer operating in countries with strong IP laws.^{[neutrality is disputed]} In some of the cases, as was shown for Taiwan^[8] after the 1986 reform, the economic growth that comes with a stronger IP system might be due to an increase in stock capital from direct foreign investment.

Rights and justice

Ayn Rand Ayn Rand , was a Russian-American novelist, philosopher, playwright, and screenwriter. She is known for her two best-selling novels and for developing a philosophical system she called Objectivism. Born and educated in Russia, Rand immigrated to the United States in 1926. She worked as a screenwriter in Hollywood and had a play produced on supported copyrights and patents, noting in Capitalism: The Unknown Ideal Capitalism: The Unknown Ideal is a collection of essays, mostly by Ayn Rand, with additional essays by her associates Nathaniel Branden, Alan Greenspan and Robert Hessen. The book focuses on the moral nature of laissez-faire capitalism and private property. The book has a very specific definition of capitalism, a system it regards as broader than that they are the legal implementation of the base of all property rights: a man's right to the product of his mind. An idea as such cannot be protected until it has been given a material form. An invention has to be embodied in a physical model before it can be patented; a story has to be written or printed. But what the patent or copyright protects is not the physical object as such, but the idea which it embodies. Although it is important to note, that a discovery cannot be patented, only an invention. She argued that the term should be limited. If it were held in perpetuity, it would lead to the opposite of the very principle on which it is based: it would lead, not to the earned reward of achievement, but to the unearned support of parasitism.

Economics

Intellectual property rights are the recognition of a property in an individual creation. Intellectual property rights are usually limited to non-rival goods In economics, a good is considered either rivalrous or nonrival. Rival goods are goods whose consumption by one consumer prevents simultaneous consumption by other consumers. Most goods, both durable and nondurable, are rival goods. A hammer is a durable rival good. One person's use of the hammer presents a significant barrier to others who desire, that is, goods which can be used or enjoyed by many people simultaneously—the use by one person does not exclude use by another. This is compared to rival goods, such as clothing, which may only be used by one person at a time. For example, any number of people may make use of a mathematical formula simultaneously. Some objections to the term intellectual property are based on the argument that property can only properly be applied to rival goods (or that one cannot own "property" of this sort).

Since a non-rival good may be simultaneously used (copied, for example) by many people (produced with minimal marginal cost In economics and finance, marginal cost is the change in total cost that arises when the quantity produced changes by one unit. That is, it is the cost of producing one more unit of a good. Mathematically, the marginal cost function is expressed as the first derivative of the total cost (TC) function with respect to quantity (Q). Note that the), monopolies over distribution and use of works are meant to give producers incentive to create further works. The establishment of intellectual property rights, therefore, represents a trade-off, to balance the interest of society in the creation of non-rival goods (by encouraging their production) with the problems of monopoly power. Since the trade-off and the relevant benefits and costs to society will depend on many factors that may be specific to each product and society, the optimum period of time during which the temporary monopoly rights should exist is unclear.^[9]

According to economist George Reisman, patents do not constitute monopolies. "[Patents] reserve markets, or parts of markets, to the exclusive possession of the owners of the patents, ..., and they do so by means of the use of physical force inasmuch as it is against the law to infringe on these rights. None of these constitutes monopoly, however, because none of them is supported by the initiation of physical force... The fact that the government is ready to use force to protect patents ... is fully as proper as that it stands ready to use force to protect [for example] farmers and businessmen in the ownership of their physical products, and to come to their rescue when they are set upon by trespassers or attacked by robbers." ^[10]

History

Modern usage of the term intellectual property goes back at least as far as 1888 with the founding in Berne The city of Bern or Berne (German: Bern, pronounced [ˈbɛɐn] ; French: Berne [bɛʁn]; Italian: Berna [ˈbɛrna]; Romansh: Berna [ˈbɛrnə]; Bernese German: Bärn [b̥æːrn]) is the Bundesstadt (federal city, de facto capital) of Switzerland, and, with (as of December 2008) a population of 122,925, the fourth most populous city in Switzerland of the Swiss Federal Office for Intellectual Property (the Bureau fédéral de la propriété intellectuelle). When the administrative secretariats established by the Paris Convention The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, was one of the first intellectual property treaties. As a result of this treaty, intellectual property, including patents, of any contracting state are accessible to the nationals of other states party to the Convention.[clarification needed] (1883) and the Berne Convention The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland in 1886 (1886) merged in 1893, they also 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 organisation subsequently relocated to Geneva in 1960, and was succeeded in 1967 with the establishment of the World Intellectual Property Organization The World Intellectual Property Organization is one of the 16 specialized agencies of the United Nations. WIPO was created in 1967 "to encourage creative activity, to promote the protection of intellectual property throughout the world." (WIPO) by treaty as an agency of the United Nations The United Nations Organization or simply United Nations (UN) is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and the achieving of world peace. The UN was founded in 1945 after World War II to replace the League of. According to 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),^[2] and it did not enter popular usage until passage of the Bayh-Dole Act The Bayh-Dole Act or University and Small Business Patent Procedures Act is United States legislation dealing with intellectual property arising from federal government-funded research. Adopted in 1980, Bayh-Dole is codified in 35 U.S.C. § 200-212, and implemented by 37 C.F.R. 401. Among other things, it gave US universities, small businesses and in 1980.^[11]

"The history of patents does not begin with inventions, but rather with royal grants by Queen Elizabeth I Elizabeth I was Queen regnant of England and Queen regnant of Ireland from 17 November 1558 until her death. Sometimes called the Virgin Queen, Gloriana, or Good Queen Bess, Elizabeth was the fifth and last monarch of the Tudor dynasty. The daughter of Henry VIII, she was born a princess, but her mother, Anne Boleyn, was executed two and a half (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." ^[12]

In an 1818 collection of his writings, the French liberal theorist, Benjamin Constant Henri-Benjamin Constant de Rebecque was a Swiss-born nobleman, thinker, writer and French politician, argued against the recently-introduced idea of "property which has been called intellectual."^[13] The term intellectual property 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." (1 Woodb. & M. 53, 3 West.L.J. 151, 7 F.Cas. 197, No. 3662, 2 Robb.Pat.Cas. 303, Merw.Pat.Inv. 414). 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."^[14] In Europe, French France (pronounced /ˈfrænts/ frantss or /ˈfrɑːnts/ frahnts; French pronunciation (help·info): [fʁɑ̃s]), officially the French Republic (French: République française, pronounced: [ʁepyblik fʁɑ̃sɛz]), is a state in Western Europe with several of its overseas territories and islands located on other continents and in the Indian, author A. Nion mentioned propriété intellectuelle in his Droits civils des auteurs, artistes et inventeurs, published in 1846.

The concept's origins can potentially be traced back further. Jewish law Halakha — also transliterated Halocho (Yiddish pronunciation) and Halacha — is the collective body of Jewish religious law, including biblical law (the 613 mitzvot) and later talmudic and rabbinic law, as well as customs and traditions 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.^[15] The Talmud The Talmud is a central text of mainstream Judaism, in the form of a record of rabbinic discussions pertaining to Jewish law, ethics, philosophy, customs and history contains the prohibitions against certain mental crimes (further elaborated in the Shulchan Aruch The Shulchan Aruch (also Shulhan Aruch or Shulhan Arukh) is a codification, or written manual, of halacha (Jewish law), composed by Rabbi Yosef Karo in the 16th century. Together with its commentaries, it is frequently considered the most authoritative compilation of halacha since the Mishneh Torah or even the Talmud itself), notably Geneivat da'at Geneivat da'at refers to a kind of dishonest misrepresentation or deception. It is a concept in Jewish law and ethics, mobilized in a wide spectrum of interpersonal situations, especially in business. It is attributed to the Talmudic sage Samuel of Nehardea in Talmud Chullin (94a): "It is forbidden to mislead people, even a non-Jew." (גניבת דעת, literally "mind theft"), which some have interpreted^[16] as prohibiting theft of ideas, though the doctrine is principally concerned with fraud The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation. Defrauding people or entities of money or valuables is a common purpose of fraud, but there have also been fraudulent "discoveries", e.g. in science, to gain prestige rather than immediate monetary gain and deception Deception, beguilement, deceit, bluff, mystification, and subterfuge are acts to propagate beliefs that are not true, or not the whole truth . Deception can involve dissimulation, propaganda, sleight of hand. It can employ distraction, camouflage or concealment. There is also self-deception, not property.

Thomas Jefferson Thomas Jefferson was the third President of the United States (1801–1809), and the principal author of the Declaration of Independence (1776). Jefferson was one of the most influential Founding Fathers, known for his promotion of the ideals of republicanism in the United States. Jefferson envisioned America as the force behind a great " and James Madison James Madison was an American politician and political philosopher who served as the fourth President of the United States (1809–1817) and is considered one of the Founding Fathers of the United States, drafters of the Copyright Clause At the time that the Constitution was written, both patent and copyright protections had long existed in the United Kingdom. The incorporation of these rights in the Constitution was therefore not a contentious issue. On August 18, 1787, the Constitutional Convention was in the midst of a weeks-long stretch of entertaining proposals to establish, were both quite skeptical to the monopolies of copyright, and monopolies of patents, and wrote extensively on the subject.^[17][18]

Stable ownership is the gift of social law, and is given late in the progress of society. It would be curious then, if an idea, the fugitive fermentation of an individual brain, could, of natural right, be claimed in exclusive and stable property. If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density in any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation. Inventions then cannot, in nature, be a subject of property. —Thomas Jefferson Thomas Jefferson was the third President of the United States (1801–1809), and the principal author of the Declaration of Independence (1776). Jefferson was one of the most influential Founding Fathers, known for his promotion of the ideals of republicanism in the United States. Jefferson envisioned America as the force behind a great ", to Isaac McPherson 13 Aug. 1813 Writings 13:333--35^[19]

Criticism

The term itself

Richard Stallman Richard Matthew Stallman , often abbreviated "rms", is an American software freedom activist and computer programmer. In September 1983, he launched the GNU Project to create a free Unix-like operating system, and has been the project's lead architect and organizer. With the launch of the GNU Project, he initiated the free software argues that, although the term intellectual property is in wide use, it should be rejected altogether, because it "systematically distorts and confuses these issues, and its use was and is promoted by those who gain from this confusion." He claims that the term "operates as a catch-all to lump together disparate laws [which] originated separately, evolved differently, cover different activities, have different rules, and raise different public policy issues."^[20] Stallman advocates referring to copyrights, patents and trademarks in the singular and warns against abstracting disparate laws into a collective term.

The laws

Some critics of intellectual property, such as those in the free culture movement The free culture movement is a social movement that promotes the freedom to distribute and modify creative works in the form of Free content by using the Internet and other forms of media, point at intellectual monopolies as harming health, preventing progress, and benefiting concentrated interests to the detriment of the masses,^[21][22] and argue that the public interest is harmed by ever expansive monopolies in the form of copyright extensions Copyright gives the author of an original work exclusive right for a certain time period in relation to that work, including its publication, distribution and adaptation, after which time the work is said to enter the public domain. Copyright applies to any expressible form of an idea or information that is substantive and discrete and fixed in a, software patents Software patent does not have a universally accepted definition. One definition suggested by the Foundation for a Free Information Infrastructure is that a software patent is a "patent on any performance of a computer realised by means of a computer program".[a 1] and business method patents Business method patents are a class of patents which disclose and claim new methods of doing business. This includes new types of e-commerce, insurance, banking, tax compliance etc. Business method patents are a relatively new species of patent and there have been several reviews investigating the appropriateness of patenting business methods.

Some libertarian Libertarianism is advocacy for individual liberty. Though libertarians all support what they consider to be liberty, there is disagreement among libertarians on other more specific political and economic considerations. There are many kinds of libertarianism, some of which directly oppose others, such as those that support laissez-faire capitalism critics of intellectual property have argued that allowing property rights in ideas and information creates artificial scarcity and infringes on the right to own tangible property. Stephan Kinsella uses the following scenario to argue this point:

[I]magine the time when men lived in caves. One bright guy—let’s call him Galt-Magnon—decides to build a log cabin on an open field, near his crops. To be sure, this is a good idea, and others notice it. They naturally imitate Galt-Magnon, and they start building their own cabins. But the first man to invent a house, according to IP advocates, would have a right to prevent others from building houses on their own land, with their own logs, or to charge them a fee if they do build houses. It is plain that the innovator in these examples becomes a partial owner of the tangible property (e.g., land and logs) of others, due not to first occupation and use of that property (for it is already owned), but due to his coming up with an idea. Clearly, this rule flies in the face of the first-user homesteading rule, arbitrarily and groundlessly overriding the very homesteading rule that is at the foundation of all property rights.^[23]

Other criticism of intellectual property law concerns the tendency of the protections of intellectual property to expand, both in duration and in scope. The trend has been toward longer copyright protection^[24] (raising fears that it may some day be eternal^{[25][26][27][28]}). In addition, the developers and controllers of items of intellectual property have sought to bring more items under the protection. Patents have been granted for living organisms,^[29] and colors have been trademarked^[30]. Because they are systems of government-granted monopolies In economics, a government-granted monopoly is a form of coercive monopoly by which a government grants exclusive privilege to a private individual or firm to be the sole provider of a good or service; potential competitors are excluded from the market by law, regulation, or other mechanisms of government enforcement. As a form of coercive copyrights, patents, and trademarks are called intellectual monopoly privileges, (IMP) a topic on which several academics, including Birgitte Andersen^[31] and Thomas Alured Faunce^[32] have written.

See also

• List of intellectual property-related topics

Further reading

• Krattiger et al 2007 "Intellectual Property Management in Health and Agricultural Innovation: A Handbook of Best Practices", Managing Innovation for a Better World
• Arai, Hisamitsu. "Intellectual Property Policies for the Twenty-First Century: The Japanese Experience in Wealth Creation", WIPO Publication Number 834 (E). 2000. [1]
• Boldrin, Michele and David K. Levine. "Against Intellectual Monopoly", 2008. [2]
• Hahn, Robert W., Intellectual Property Rights in Frontier Industries: Software and Biotechnology, AEI Press, March 2005.
• Branstetter, Lee, Raymond Fishman and C. Fritz Foley. "Do Stronger Intellectual Property Rights Increase International Technology Transfer? Empirical Evidence from US Firm-Level Data". NBER Working Paper 11516. July 2005. [3]
• Connell, Shaun. "Intellectual Ownership". October 2007. [4]
• Gowers, Andrew. "Gowers Review of Intellectual Property". Her Majesty's Treasury, November 2006. [5] ISBN 9-780118-4083-9.
• Kinsella, Stephan. "Against Intellectual Property". Journal of Libertarian Studies 15.2 (Spring 2001): 1-53. [6]
• Lai, Edwin. "The Economics of Intellectual Property Protection in the Global Economy". Princeton University. April 2001. [7]
• Lee, Richmond. Scope and Interplay of IP Rights ACCRALAW offices.
• Lessig, Lawrence. "Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity". New York: Penguin Press, 2004. [8].
• Lindberg, Van. Intellectual Property and Open Source: A Practical Guide to Protecting Code. O'Reilly Books, 2008. ISBN 0-596-51796-3 | ISBN 9780596517960
• Maskus, Keith E. "Intellectual Property Rights and Economic Development". Case Western Reserve Journal of International Law, Vol. 32, 471. journals/jil/32-3/maskusarticle.pdf
• Mazzone, Jason. "Copyfraud". Brooklyn Law School, Legal Studies Paper No. 40. New York University Law Review 81 (2006): 1026. (Abstract.)
• Miller, Arthur Raphael, and Michael H. Davis. Intellectual Property: Patents, Trademarks, and Copyright. 3rd ed. New York: West/Wadsworth, 2000. ISBN 0-314-23519-1.
• Mossoff, A. 'Rethinking the Development of Patents: An Intellectual History, 1550-1800,' Hastings Law Journal, Vol. 52, p. 1255, 2001
• Rozanski, Felix. "Developing Countries and Pharmaceutical Intellectual Property Rights: Myths and Reality" [9]
• Rand, Ayn. "Patents and Copyrights" in Ayn Rand, ed. 'Capitalism: The Unknown Ideal,' New York: New American Library, 1966, pp. 126-128
• Reisman, George. 'Capitalism: A Complete & Integrated Understanding of the Nature & Value of Human Economic Life,'] Ottawa, Illinois: 1996, pp. 388-389

Schechter, Roger E., and John R. Thomas. Intellectual Property: The Law of Copyrights, Patents and Trademarks. New York: West/Wadsworth, 2003, ISBN 0-314-06599-7.

• Schneider, Patricia H. "International Trade, Economic Growth and Intellectual Property Rights: A Panel Data Study of Developed and Developing Countries". July 2004. [10]
• Shapiro, Robert and Nam Pham. "Economic Effects of Intellectual Property-Intensive Manufacturing in the United States". July 2007. [11]
• Vaidhyanathan, Siva. The Anarchist in the Library: How the Clash Between Freedom and Control Is Hacking the Real World and Crashing the System. New York: Basic Books, 2004.
• Burk, Dan L. and Mark A. Lemley (2009). The Patent Crisis and How the Courts Can Solve It. University of Chicago Press. ISBN 9780226080611.

References

1. ^ Intellectual Property Licensing: Forms and Analysis, by Richard Raysman, Edward A. Pisacreta and Kenneth A. Adler. Law Journal Press, 1999-2008. ISBN 973-58852-086-9^{[verification needed]}
2. ^ ^{a b} " property as a common descriptor of the field probably traces to the foundation of the World Intellectual Property Organization (WIPO) by the United Nations." in Mark A. Lemley, Property, Intellectual Property, and Free Riding, Texas Law Review, 2005, Vol. 83:1031, page 1033, footnote 4.
3. ^ Brad, Sherman; Lionel Bently (1999). The making of modern intellectual property law: the British experience, 1760-1911. Cambridge University Press. pp. 207. ISBN 9780521563635. http://www.google.com/books?id=u2aMRA-eF1gC&dq=statute+of+anne+copyright&lr=&as_brr=3&source=gbs_navlinks_s.
4. ^ Prudential Reasons for IPR Reform, University of Melbourne, Doris Schroeder and Peter Singer, May 2009
5. ^ Levine, David; Michele Boldrin (2008-09-07). Against intellectual monopoly. Cambridge University Press. ISBN 978-0521879286. http://www.dklevine.com/papers/imbookfinalall.pdf.
6. ^ Economic Effects of Intellectual Property-Intensive Manufacturing in the United States, Robert Shapiro and Nam Pham, July 2007 (archived on archive.org).
7. ^ Measuring the Economic Impact of IP Systems, WIPO, 2007.
8. ^ Lo, S-T. (2004). "Stregthening (sic) Intellectual Property Rights: Experience from the 1986 Taiwanese Patent Reforms". UCLA, Dept. of Economics.. http://www.international.ucla.edu/article.asp?parentid=10985.
9. ^ Padraig Dixon and Christine Greenhalgh, The Economics of Intellectual Property: A Review to Identify Themes for Future Research, Oxford Intellectual Property Research Centre, Oxford, United Kingdom, November 2002.
10. ^ Reisman, George. 'Capitalism: A Complete & Integrated Understanding of the Nature & Value of Human Economic Life,' Ottawa, Illinois: 1996, pp. 388-389 (pdf, 14 MB).
11. ^ Mark A. Lemley, "Property, Intellectual Property, and Free Riding" (Abstract); see Table 1: 4-5.
12. ^ Mossoff, A. 'Rethinking the Development of Patents: An Intellectual History, 1550-1800,' Hastings Law Journal, Vol. 52, p. 1255, 2001
13. ^ (French) Benjamin de Constant de Rebecque, Collection complète des ouvrages publiés sur le gouvernement représentatif et la constitution actuelle de la France: formant une espèce de cours de politique constitutionnelle, P. Plancher, 1818, p. 296.
14. ^ A Brief History of the Patent Law of the United States
15. ^ Jewish Law and Copyright
16. ^ The New York Sun Fighting for Intellectual Property Rights.
17. ^ "Thomas Jefferson's copyright term (fwd)". 11 Feb 1999. http://onlinebooks.library.upenn.edu/webbin/bparchive?year=1999&post=1999-02-11$2.
18. ^ Mike Masnick (February 21st 2008). "On The Constitutional Reasons Behind Copyright And Patents". techdirt. http://www.techdirt.com/articles/20080220/020252302.shtml.
19. ^ Thomas Jefferson. "Thomas Jefferson to Isaac McPherson". University of Chicago. http://press-pubs.uchicago.edu/founders/documents/a1_8_8s12.html. - (copyfraud)
20. ^ Richard M. Stallman. "Did You Say “Intellectual Property”? It's a Seductive Mirage". Free Software Foundation, Inc. http://www.gnu.org/philosophy/not-ipr.xhtml. Retrieved 2008-03-28.
21. ^ On patents - Daniel B. Ravicher (August 6, 2008). "Protecting Freedom In The Patent System: The Public Patent Foundation's Missi...". http://www.youtube.com/watch?v=d0chez_Jf5A.
22. ^ Joseph Stiglitz (October 13, 2006). "Authors@Google: Joseph Stiglitz - Making Globalization Work.". http://www.youtube.com/watch?v=UzhD7KVs-R4#t=16m05s.
23. ^ N. Stephan Kinsella, Against Intellectual property (2008), p. 44.
24. ^ E.g., the U.S. Copyright Term Extension Act, Pub.L. 105-298.
25. ^ Mark Helprin, Op-ed: A Great Idea Lives Forever. Shouldn’t Its Copyright? The New York Times, May 20, 2007.
26. ^ "Against perpetual copyright". http://wiki.lessig.org/index.php/Against_perpetual_copyright.
27. ^ Eldred v. Ashcroft Eldred v. Ashcroft, 537 U. S. 186 (2003)
28. ^ Mike Masnick (May 21st 2007). "Arguing For Infinite Copyright... Using Copied Ideas And A Near Total Misunderstanding Of Property". techdirt. http://www.techdirt.com/articles/20070521/015928.shtml.
29. ^ Council for Responsible Genetics, DNA Patents Create Monopolies on Living Organisms. Accessed 2008.12.18.
30. ^ For example, AstraZeneca holds a registered trademark to the color purple, as used in pill capsules. AstraZeneca, Nexium: Legal. Accessed 2008.12.18.
31. ^ Birgitte Andersen. Intellectual Property Right’ Or ‘IntellectualMonopoly Privilege’: Which One Should PatentAnalysts Focus On? CONFERÊNCIA INTERNACIONAL SOBRE SISTEMAS DE INOVAÇÃO E ESTRATÉGIAS DE DESENVOLVIMENTO PARA O TERCEIRO MILÊNIO • NOV. 2003
32. ^ Martin G, Sorenson C and Faunce TA. Balancing intellectual monopoly privileges and the need for essential medicines Globalization and Health 2007, 3:4doi:10.1186/1744-8603-3-4. http://www.globalizationandhealth.com/content/3/1/4 "Balancing the need to protect the intellectual property rights (IPRs) ("which the third author considers are more accurately described as intellectual monopoly privileges (IMPs)) of pharmaceutical companies, with the need to ensure access to essential medicines in developing countries is one of the most pressing challenges facing international policy makers today.")

Categories: Intellectual property law | Monopoly (economics) | Social information processing

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