Evolution of IP

Evolution of IPR
Dhanya K A
Origins of IPR/Evolution of IPR
• Copyright
• Trademark
• Patent
Evolution of Copyright
• Writings on Leaves and Parchments
• Practice of Dictation by Romans to produce the copies
• Wooden print blocks in China
• 15th Century – Key developments

• Use of Paper
• Invention of Printing Press
• Emergence of Censorship to control the books and literature
• Licensing of Printers to print certain books for a fixed number of years
• Grant of Privileges in the city of Venice – publish a particular book for
a period not exceeding 14 years.
• In England – Queen Elizabeth – Grant of privileges in the form of
monopolies
• The Stationers’ Copyright through the Charter by Edward VI in 16th
Century
• Control of the printing of books by London Printers
• Stationers’ Company – enjoyed the censorship
• Prevention of new printers
• Control over the flow of information
• Stationers’ Copyright – 1st Private Law Copyright in England
• Licensing Act 1662 – Registration of Book’s Title became mandatory
• 1694 – Monopoly of Stationers’ right came to an end
• 1710 – Statute of Anne
• Statute of Anne (1710) – the Earliest Legislation on Copyright
• Vested rights in the authors to print and copy his work
• Protection for 14 years – author’s exclusive right was for 14 years
which could be extended to a second term of 14 years if he was alive
at the end of the 1st term.
• Any work prior to 1710 was also protected for a period of 21 years
• Tried to strike a balance between the author, publisher and the public
Battle of Book Sellers
• Book Sellers(London) aggrieved about the duration of the copyright
Protection – 14 years.
• Book Sellers argued that common Law recognise an author’s copyright
which was not limited in time
• Statute of Anne – Putting 14 years of protection is against common law
• The author could assign the copyright in the cook to the book sellers
through a contract
• Millar v. Taylor & Midwinter v. Hamilton - there is a perpetual common
law copyright and that no works ever enter the public domain.
• Donaldson v. Becket – works create before Statute of Anne allowed for a
monopoly for 21 years is against the perpetual ownership of copyright
allowed by common law -> THERE IS NO PERPETUAL COPYRIGHT
• Modern Copyright Law
• 1886 – Berne Convention for the protection of Literary and Artistic Works
• 1893- Creation of the Bureau for the protection of IP – 1967 -> WIPO
• 1995- TRIPS
• 1996 – WIPO Copyright Treaty
Origins of Trademark Law
• Greeks – Symbols and marks on artefacts and potteries
• Egyptians - used on their structure
• Romans – symbols on bricks
• England – manufacturers of swords – use symbols
• Later marks -> associated with the merchandise makers as the trade
increased
• Guild systems – 14th & 15th Century – use of marks for particular guilds as a
source of identifier to ensure the quality
• Sandford’s Case- Court recognised Trademark as a property
• Skyes v. Skyes – Affirmed the property Rights of the Plaintiff in the mark
Origins of Trademarks Law
• Merchandise Marks Act 1862 – action on the basis of deceiving the
owner of the mark
• Trademark Registration Act 1875 – Facilitated the Registration of the
marks
• Trademark Act 1905 – First time Registration of the marks on the
basis of intent to use and introduced the system of examining the
marks
Evolution of Patent Law
• Early monopolies
• Greeks – cook for a new dish that he created.
• Romans – Guild system for their innovative products
• Monopoly granted only in exchange for training two generations of apprentices
• Venetian Glass makers followed this system
• To protect the community property not individual property
• Modern Patent Law – Florence and Venice
• Venetian Patent Statute 1474
• England – Royal Charters and Letters of Patent
• Grant of privileges- especially for artisans -> apprenticeship model
Evolution of Patent Law
• Queen Elizabeth – issued monopoly privileges even for existing art
• Darcy v. Allen - whether the grant of privilege for making of playing
cards was legitimate. It was held that such privileges were
illegitimate as the monopoly was over a known technology.
Contd.
• King James I – monopoly not good for society and cancelled many
monopoly rights
• But continues issuing monopoly - grant of privileges given to a group
of tailors who could monopolize tailoring in the region of Ipswich -
English court declared such privileges to be illegitimate as it was
against free trade
• English Courts - privileges could be granted to introduce new
technologies that did not exist previously.
Statute of Monopolies 1623
• 1623 – House of Commons decided to pass the statute of Monopolies
• framework to grant patents for new inventions
• Monopoly for novelty and for a period of 14 years
• Genesis of modern patent law
• In subsequent years, the Statute of Monopolies was amended several times and it
incorporated the concept of granting patents to those who approached the patent office
first
• After nearly two hundred years of the Statute of Monopolies it was amended to
incorporate the need to file a written description of the invention
• Liardet v Johnson - Justice Mansfield all patent applicants should clearly describe their
invention in a written form and file it in the office along with the patent application
• In subsequent years the Statute of Monopolies was amended and later on replaced by
other legislations that led to the development of the modern day patent law

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Evolution of IPR

• 15th Century – Key developments

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