The History of Intellectual Property in Legal English
What is intellectual property in Legal English?
IP, or intellectual property, refers to legal rights that protect the creations of the human mind. It includes industrial property and copyright. IP grants exclusive ownership and control to the creators or owners, allowing them to prevent others from using or copying their intellectual assets without permission.
Industrial Property: Industrial property primarily focuses on the protection of commercially valuable inventions and distinctive signs used in commerce. It includes:
a. Patents: Patents protect inventions, granting exclusive rights to their inventors or assignees for a limited period. They cover new and useful processes, machines, compositions of matter, and improvements thereof.
b. Trademarks: Trademarks protect distinctive signs, symbols, names, or logos that identify and distinguish goods or services from others in the marketplace. They provide brand recognition and prevent unauthorized use of similar marks.
c. Industrial Designs: Industrial designs protect the ornamental or aesthetic aspects of a product, such as its shape, configuration, or pattern. They ensure that the visual appearance of a product is safeguarded and prevents copying or imitation.
Copyright: Copyright protects original creative works of authorship, providing exclusive rights to authors or creators. It covers literary works, artistic creations, musical compositions, films, software, and other forms of expression. Copyright grants creators the right to reproduce, distribute, display, perform, and create derivative works based on their original expression.
Important Milestones
Lets take look back at the history of intellectual property for both sides of the pond.
UK
The history of intellectual property (IP) in Britain has a long and influential legacy, shaping the development of IP laws and practices worldwide. Here are some key milestones in the British history of IP:
Statute of Monopolies (1623): The Statute of Monopolies marked an early milestone in IP legislation. It prohibited the granting of monopolies except for new inventions. This law laid the groundwork for the patent system by providing inventors with exclusive rights to their inventions for a limited period.
Statute of Anne (1710): The Statute of Anne, also known as the Copyright Act of 1710, is considered one of the earliest copyright laws in the world. It granted authors and creators the right to control the reproduction and distribution of their works for a fixed period.
The Patent Act (1852) streamlined the patent application process, making it more accessible and efficient. The Industrial Revolution, which began in Britain in the 18th century, brought about significant technological advancements and spurred the need for stronger IP protections.
Berne Convention (1886): The United Kingdom played a crucial role in the formation of international IP standards. It was one of the original signatories of the Berne Convention, an international treaty aimed at harmonizing copyright protection worldwide. The Berne Convention laid the foundation for international copyright laws and continues to influence global IP frameworks.
Intellectual Property Office (IPO): The Intellectual Property Office of the United Kingdom, formerly known as the Patent Office, was established in 1852. The IPO is responsible for granting patents, registering trademarks, and administering design rights and copyright registrations in the UK.
Copyright, Designs, and Patents Act (1988): The Copyright, Designs, and Patents Act of 1988 is a comprehensive legislation that brought together various aspects of copyright, designs, and patents into a single statute. It updated and modernized IP laws to address emerging challenges and technologies.
Brexit and IP: Following the UK’s withdrawal from the EU in 2020, it implemented its own IP regime separate from EU regulations. The UK now operates under its own national IP laws and regulations while maintaining certain international commitments through agreements and treaties.
US
The history of intellectual property (IP) in the United States is a complex and evolving story that stretches back to the country’s early years. Here are some key milestones in the history of IP in the United States:
Copyright Act of 1790: The United States passed its first federal copyright law in 1790, granting authors exclusive rights to their works for a period of 14 years, with the option to renew for an additional 14 years. This act established the foundation for copyright protection in the United States.
Patent Act of 1790: In the same year, the United States also passed its first federal patent law, known as the Patent Act of 1790. This act provided inventors with the right to obtain a patent for their inventions, although the requirements and procedures were less stringent compared to contemporary patent laws.
Expansion of Patent and Copyright Protection: Over the years, patent and copyright protection expanded and evolved through various legislative acts and court decisions. Notable developments include the Patent Act of 1836, which established the United States Patent and Trademark Office (USPTO) and introduced a more rigorous examination process for patent applications. In 1909, the Copyright Act of 1909 updated and revised copyright law, extending the duration of copyright protection.
The Berne Convention (1886) for the Protection of Literary and Artistic Works, an international treaty aimed at establishing copyright protection standards among member countries. The United States also became a member of the World Intellectual Property Organization (WIPO) upon its establishment in 1970.
Digital Millennium Copyright Act (DMCA): The DMCA, passed in 1998, introduced new provisions to address copyright issues in the digital age. It provided legal protections for digital content, criminalized certain acts of copyright infringement, and established a framework for notice and takedown procedures for online service providers.
America Invents Act (AIA): The AIA, enacted in 2011, represented a significant reform of the U.S. patent system. It introduced changes to the patent application process, such as transitioning from a “first-to-invent” to a “first-inventor-to-file” system, aiming to harmonize the U.S. patent system with international practices.
Legal English Innovation
Main Differences
industrial property
Subject Matter:
Focuses on protecting industrial and commercial innovations. It includes inventions, trademarks, industrial designs, and trade secrets.
Nature of Protection:
Grants exclusive rights to inventors, innovators, and businesses. It allows them to prevent others from using, making, selling, or importing their inventions, trademarks, designs, or confidential information.
Purpose:
Serves to promote innovation, technological advancements, and commercial competitiveness. It incentivizes inventors, businesses, and entrepreneurs to invest in research and development by granting them exclusive rights and a competitive advantage in the marketplace.
Registration:
Requires formal registration with the relevant intellectual property office. Registration involves a thorough examination process and may require demonstrating novelty, non-obviousness, distinctiveness, or other criteria specific to each type of industrial property.
Duration of Protection:
Provides protection for a limited period, often 20 years from the filing date. Trademarks and industrial designs can be renewed indefinitely, as long as the rights holder continues to use and maintain them.
copyright
Subject Matter:
Protects original works of authorship, such as literary, artistic, musical, and dramatic creations. It covers forms of expression, including books, paintings, songs, movies, and computer software.
Nature of Protection:
Confers exclusive rights to the creator or author of a work, granting them the authority to control reproduction, distribution, display, performance, and the creation of derivative works based on their original expression.
Purpose:
Aims to encourage and reward creative expression by providing creators with the ability to control and monetize their works. It supports the arts, literature, music, and other forms of cultural production.
Registration:
Becomes automatic upon the creation of the work. Registration may be optional, but it can provide additional benefits, such as evidence of ownership and easier enforcement in legal proceedings.
Duration of Protection:
Lasts for the author’s lifetime plus a specific number of years after their death, varying by jurisdiction. In many countries, it extends for 70 years or more after the author’s demise.
To focus
To grant
To serve
To require
To provide
To protect
To confer
To aim
To become
To last
Writing Style Tips
Starting bullet points consistently with verbs is important for several reasons:
Clarity:
Verbs provide clear and concise action-oriented information, making it easier for readers to understand the intended meaning of each bullet point. By starting with a verb, you set a clear expectation of what the point will address.
Readability:
Using verbs at the beginning of bullet points helps create a consistent and structured format that enhances the readability of the content. It makes it easier for readers to scan through the points and quickly grasp the key information.
Action-oriented:
Verbs convey a sense of action and movement, which can make bullet points more engaging and impactful. They encourage readers to focus on the intended actions or outcomes associated with each point.
Emphasizing key points:
Starting with verbs allows you to highlight the most important aspects of each bullet point. Verbs can capture the essence of an action or result, drawing attention to the key takeaway or purpose of the point.
Memorability:
Bullet points that start with verbs tend to be more memorable because they provide a clear call to action or highlight a specific task. This can aid in retention and understanding when readers review or recall the content later.
In summary, starting bullet points consistently with verbs improves clarity, readability, and emphasis. It helps create a structured format, engages readers, and enhances the overall effectiveness of the information being presented.
Legal English Innovation
Leading Patent Offices
CNIPA:
The China National Intellectual Property Administration (CNIPA) received the highest number of patent applications in 2020, with over 1.4 million filings.
USPTO:
The United States Patent and Trademark Office (USPTO) received around 600,000 patent applications in 2020.
EPO:
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Legal English Innovation
About the Author
Eric Froiland
Eric is a legal English teacher from the United States and has been based out of Bogota, Colombia for the last 10 years. He is the owner and founder of Legal English Innovation SAS, which is recognized as the top legal English academy in Colombia and is an official Test of Legal English Skills (TOLES) examination center.
