Law History

The first use of the term "intellectual property" seems to be a Massachusetts October 1845 ruling by the Circuit Court in the case of patent Davoll et al. C. Brown. In that Justice Charles L. Woodbury wrote that "only in this way that we can protect intellectual property, the work of the spirit, productions and interests as much as a man himself ... As he grows wheat, or flocks, it raises. "(1 Woodb. & M. 53, 3 West.LJ 151, 7 F. Cas. 197, No. 3662, 2 Robb.Pat.Cas. 303, Merw .Pat.Inv. 414). L'affirmation selon laquelle "les découvertes sont la propriété ..." remonte plus tôt. L'article 1 de la loi française de 1791 a déclaré: «Toutes les nouvelles découvertes sont la propriété de l 'author, in order to ensure the inventor of the ownership and use of its temporary discovery, it will be delivered to him a patent for five, ten or fifteen years. " [4]

In Europe, the author french A. Nion mentioned "Intellectual Property" in its civil rights of authors, artists and inventors, published in 1846.

The term popularity is a widespread phenomenon much more modern. It is very rare in 1967 until the establishment of the United Nations World Intellectual Property Organization, which has actively sought to promote self-expression. Yet it is rarely used without fear of price until near the time of the adoption of the Bayh-Dole Act in 1980 [5].

The concept could potentially its origins go back further. Jewish Law includes several considerations, whose effects are similar to those of the modern intellectual property laws, even though the concept of intellectual creation as "property" does not seem to exist. [6] The Talmud contains the first known example of codifying a ban against theft D'ideas, which is explained in more detail in the Shulchan Aruch [7].

However, the legal system in most of the Western world has no provisions relating to intellectual property and laws, the term encompasses are justified on grounds more limited. [Edit] The term does not appear in the statutes copyright of the United States, except in certain Footnotes citing the titles of some bills. The term used in the statutes and the Constitution is an "exclusive right".