Bus311
Running Head: Intellectual 1
The Origin and Value of American Intellectual Property Law
BUS311 Business Law I
May 28, 2013
The Origin and Value of Intellectual Property Law
Although it is sometimes thought that Intellectual Property Law originates with the invention of the computer and the accompanying software used to operate it, but the origins of Intellectual Property or commonly referred to as (IP) date back many centuries to medieval Europe and much of what was established during that period was transported with the early colonists of the United States. Prior to the ratification of the Constitution, each colony has their own set of rules and governance for copyrights and patents; however, since each state had their own set of governance, IP was not portable from state to state. With the ratification of the Constitution the Federal Government established a central entity by which IP could be governed and regulated (History and Sources of Intellectual Property Law). Approximately “twenty five years ago a vigorous debate raged in the US legal academia over whether software should be covered by patent or copyright or some third option” (Boyle, 2009). The law distinguishes among three types of property, real property, personal property and intellectual property. Real property being the plot or/and estate, personal property which is identified as the possessions owned which may be transportable such as furniture, cars, etc. and intellectual property Intellectual property means any patent, copyright, trademark, design, technical or commercial information or any other intellectual property or any license under or in respect of any such right, which is various legal entitlement which attach to certain types of information, ideas, or other intangibles in their expressed form. Even though Intellectual Property is an umbrella term that governs all non-tangible ideas and information to be patented, what criteria is used to determine whether the
The Origin and Value of American Intellectual Property Law
BUS311 Business Law I
May 28, 2013
The Origin and Value of Intellectual Property Law
Although it is sometimes thought that Intellectual Property Law originates with the invention of the computer and the accompanying software used to operate it, but the origins of Intellectual Property or commonly referred to as (IP) date back many centuries to medieval Europe and much of what was established during that period was transported with the early colonists of the United States. Prior to the ratification of the Constitution, each colony has their own set of rules and governance for copyrights and patents; however, since each state had their own set of governance, IP was not portable from state to state. With the ratification of the Constitution the Federal Government established a central entity by which IP could be governed and regulated (History and Sources of Intellectual Property Law). Approximately “twenty five years ago a vigorous debate raged in the US legal academia over whether software should be covered by patent or copyright or some third option” (Boyle, 2009). The law distinguishes among three types of property, real property, personal property and intellectual property. Real property being the plot or/and estate, personal property which is identified as the possessions owned which may be transportable such as furniture, cars, etc. and intellectual property Intellectual property means any patent, copyright, trademark, design, technical or commercial information or any other intellectual property or any license under or in respect of any such right, which is various legal entitlement which attach to certain types of information, ideas, or other intangibles in their expressed form. Even though Intellectual Property is an umbrella term that governs all non-tangible ideas and information to be patented, what criteria is used to determine whether the
References: Some Well-Known U.S. Trademarks Celebrate One Hundred Years . (2000, June 15). Retrieved from United States Patent and Trademark Office: http://www.uspto.gov/news/pr/2000/00-38.jsp Copyrighting Software vs Lomio, J. P. (1990, June). Intellectual Property Law and the Protection of Computer Programs. 13(3), p. 31. Retrieved May 2013, from http://search.proquest.com.prosxy.library.ashford.edu/docview/213823477? Overview of Trademark Law Rogers, S. (2012). Essentials of Business Law. San Diego, CA: Bridgepoint Education, Inc.