The Making of Modern Intellectual Property Law: The British by Lionel Bently, Brad Sherman

By Lionel Bently, Brad Sherman

This publication is the 1st specific historic account of highbrow estate legislations. partially, it examines why highbrow estate legislation with its subcategories of patents, copyright, designs and exchange marks took the form that it did over the process the 19th century. furthermore the authors take care of ways that the legislations supplies estate prestige to intangibles and describe how the legislations got here to create strategies that enabled it to acknowledge protectable intangibles, and the inescapable difficulties that experience arisen from their use.

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1771), Lord Monboddo Reporter, 7. As Pocock explained, `property was no longer de®ned within an unchanging structure of norms but was understood to exist within a historical process': J. Pocock, Virtue, Commerce and History (Cambridge: Cambridge University Press, 1985), 115. J. Locke, Two Treatises of Government (1690) (ed. P. Laslett) (Cambridge: Cambridge University Press, 1967), sect. 27. While Locke was sometimes explicitly used (as in Millar v Taylor (1769) 98 ER 201; Tonson v Collins (1760) 96 ER 180 citing Locke's Two Treatises of Government, Part 2, ch.

Brewer, Three Sinews of Power: War, Money and the English State, 1688±1783 (London: Century Hutchinson, 1988), esp. ch. 8. Cf. J. Innes, `Parliament and the Shaping of Eighteenth-century English Social Policy' (1990) 5th series 40 Transactions of the Royal Historical Society 63±92 (a critique of the traditional view of the eighteenth-century House of Commons as an inef®cient and unsystematic legislative body). An Act for Encouraging the Art of Making New Models and Casts of Busts, and other Things therein Mentioned, 38 Geo.

W. Blackstone, Commentaries on the Laws of England (London: A. Strahan, 1809), Book II, chs. 13±19. Drawing upon the writings of Puffendorf and Grotius, these arguments were referring to the Roman law doctrine whereby one might establish an estate simply by taking possession of unclaimed land. See W. Blackstone, Commentaries (1809), Book II, ch. 26, 400. Millar v Taylor (1769) 98 ER 230. Ibid. On the need for a physical presence (or a proxy) in the occupancy argument see L. Becker, Property Rights: Philosophic Foundations (London: Routledge, 1977), 24±31.

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