Browse results

You are looking at 1 - 10 of 253 items for :

  • Intellectual Property Law x
  • Search level: All x
Clear All
Volume Editor: P. Sean Morris
What was the state of the law and how states managed to fulfil their international legal obligations under the law of nations with respect to intellectual property protection? 13 contributors show how the transition of intellectual property from private rights holders and their non-state patrons evolves into state lawmaking. The book presents these transitions through international legal perspectives and the history of intellectual property rights in late modern societies in Europe, the United States, Asia and Colonial States in Africa.

Contributors are: Daniel Acquah, Ainee Adam, Louise Duncan, Johanna Gibson, Philip Johnson, Jyh-An Lee, Yangzi Li, P. Sean, Morris, Peter Munkacsi, Zvi Rosen, Devanshi Saxena, Johannes Thumfart, and Esther van Zimmeren.

Abstract

This contribution discusses the international IP regime as a result of the norm development process initiated by the Paris Convention by means of Intellectual History, Legal and Political Philosophy and the Philosophy of Technology. The first two Sections focus on a crucial event that characterized the path-dependency of the IP regime brought about by the Paris Convention, the Vienna Patent Congress of 1873 and the Siemens brothers’ (founders of the Siemens AG) involvement in this congress. A close reading of the debate at this congress unveils a remarkably open and heated political discussion about patent law internationalization, involving arguments regarding natural rights, national economy, Communism, Liberalism and the critique of Feudalism, which is typical of the transitional and turbulent nineteenth century. The Siemens brothers, private entrepreneurs and patent rights activists, elevated this debate to another level by justifying patent law internationalization with the apolitical idea of international technological progress. From this historical case study, a general discussion of the normative impact of technological innovation is developed in the third Section, focusing on the normative implications of engineering processes and technological standardization. Based on concepts of Carl Schmitt, the Siemens brothers’ resolution of the debate in Vienna is interpreted as a process of depoliticization and neutralization. Employing the philosophy of technology of Bernard Stiegler, it is demonstrated that a merely technical perspective regarding the normative justification of law cuts too short. Therefore, in the final Section, a normative framework of global patent justice is developed that critically engages with the theories of John Rawls and Thomas Pogge, emphasizing national regulatory sovereignty, but also sketching equitable solutions beyond the nation-state.

In: Intellectual Property and the Law of Nations, 1860-1920
Author: Ainee Adam

Abstract

Trademark protection is inherently territorial in nature. The first wave of globalization in the nineteenth century, however, saw a marked increase in the trade of merchandises between nations. This inevitably raised concerns regarding trademark, its infringement as well as remedies for such infringements in foreign lands. The growing importance of trademark protection subsequently persuaded governments to include reciprocal trademark protection clauses in bilateral commercial treaties. This meant that Nation A would provide protection to trademarks from Nation B as per Nation B’s law and Nation B would extend similar protection to trademarks from Nation A. While reciprocal protection may, at times, result in better protection for foreign trademarks, it may also result in lesser protection as compared to those given to the local trademarks. This is highly dependent on the level of protection provided by the laws of both Nations A and B. This chapter explores these dynamics at the turn of the twentieth century in China.

In: Intellectual Property and the Law of Nations, 1860-1920
Author: Zvi S. Rosen

Abstract

Early U.S. federal trademark law is dominated by the U.S. Supreme Court’s unanimous opinion in the Trade-Mark Cases, which invalidated the federal trademark laws enacted 1870 through 1876 on constitutional grounds. This case however exists in a broader milieu which is dominated by concerns of reciprocity with treaty counterparties to bilateral treaties – and the power of Congress to pass legislation to enforce those treaties in the absence of a clear grant in the Constitution. The story of U.S. trademark law at the time is the story of a largely isolated economy encountering the broader commercial world, and its legal system adapting to this reality by reckoning with powers Congress would need to prevent the United States from being excluded from the nascent global economy.

In: Intellectual Property and the Law of Nations, 1860-1920
Author: P. Sean Morris

Abstract

For centuries, international exhibitions have been a staple on the calendar, initially, dotting the capitals of Europe, and then major non-European cities such as Chicago, Melbourne and Philadelphia. Over the centuries, international exhibitions became the venue to unveil new technologies or designs and new inventions. In this chapter, I examine how international exhibitions in the latter part of the nineteenth century have been crucial for industrial innovation and their contribution in the adoption of the Paris Convention of 1883. The chapter then demonstrate how the Paris Convention was instrumental in the expansion of the principles on protecting innovation and how those principles were adopted in other treaties such as the Montevideo Convention of 1889. The chapter present these arguments against the backdrop of innovation diplomacy where private interests and nineteenth century lobbying essentially lead to the era of the “treatification” of international law. The treatification arise in part through intellectual property rights as set out in the Paris Convention and the mission to “civilise”, that is, expanding the principles of intellectual property protection in emerging “civilised” nations such as those in Latin America.

In: Intellectual Property and the Law of Nations, 1860-1920

Abstract

By the 1870s, strong support existed in several countries for the introduction of some form of international protection of industrial property, particularly patents. The first conference devoted to the question of international patent law was the Vienna Congress of 1873. Subsequently, one further private conference and two diplomatic conferences were held in Paris in 1878, 1880 and 1883. These Paris Conferences were directly responsible for the drafting of the Paris Convention of 1883. This Chapter provides an overview of the key historical influences at the national and international level which resulted in the adoption of the Paris Convention in 1883, and explains the background to the emergence of support for international patent protection.

In: Intellectual Property and the Law of Nations, 1860-1920
Author: Johanna Gibson

Abstract

The intellectual property protection of film and its apparatus provides an instructive perspective on the relationship between law and creativity more widely. From the early popularisation in the late nineteenth century, to the introduction of film to copyright in the early twentieth century, the industry’s relationships to copyright and to patents chart a history from film’s early reputation as a mere technology of reproduction to the recognition of that reproduction as creative in and of itself. Curiously, in its first instance, the industry emphasised patent protection and even the earliest copyright recognition (and protection) was motivated by an anxiety concerning copying, rather than an objective to protect a perceived value in film as an art form. This chapter examines the early history of the invention of film, developments in protection and particular historical tensions in the interaction with arts campaigners and the use of other “high art” (such as literature, opera, and theatre) to validate the emerging film form, as well as the use of film in the establishment of early twentieth-century consumer culture, all forecasting the later significance of film studies as a catalyst for legal reform, and intellectual property as a site for understanding social reform in the industry today. Ultimately, it is suggested that this early history of film is instructive in finding the man behind the curtain of intellectual property.

In: Intellectual Property and the Law of Nations, 1860-1920
Author: Phillip Johnson

Abstract

The end of the nineteenth and early twentieth century saw the birth, and repeated amendments, of the Paris Convention on the protection of industrial property. Yet in the summer of 1914, with the outbreak of the First World War, the international legal order broke down and the founding members of these Conventions took up arms against each other. The attack on the enemy was both material and commercial, which meant that intellectual property laws had to be drastically changed to prevent the ‘enemy’ benefiting from the system. This chapter uses the Peace Treaties of Versailles and Saint Germain to explore the response of the belligerents to the ‘laws of war’ as they applied to enable the suspension of enemy owned patents, designs, and registered trademarks. Ultimately, it is shown that industrial property rights were protected even if the proprietor was not.

In: Intellectual Property and the Law of Nations, 1860-1920

Abstract

The examined period (1860–1920) of the legal history of the Austrian and Hungarian copyright laws corresponds to the rise and fall of the Austrian-Hungarian monarchy. The 1867 agreement of constitutional law known as the Austro-Hungarian Compromise (Ausgleich) transformed the Austrian Empire into the Dual Monarchy of Austria-Hungary. The ascent and descent of the Austro-Hungarian monarchy coincided with a global expansion in the mass production and international trade of books, sheet music and works of art. Modern reproduction techniques resulted in an increased dissemination, reception and, inevitably, exploitation of literary works, raising the question of their use abroad. Writers and artists gave rise to voices for the general legal regulation of the property question. In the beginning at the period of bilateral convention-making, before the birth of the 1886 Berne Convention, the Austro-Hungarian monarchy took a less active role in these developments due to the chaotic arrangement of its internal laws of its constituent states and the difficulty of entering international agreements on which would require changes to those laws. The early twentieth century but in particular the consequence of World War I was the major reordering of the European state system. A number of new states emerged from the disintegration of the Austro-Hungarian monarchy (and other empires) moved rapidly to engage the international order and the majority of them joined the Berne Convention.

In: Intellectual Property and the Law of Nations, 1860-1920