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Intellectual Property Rights
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in the majority of the world's legal systems."property as a common descriptor of the field probably traces to the foundation of the World Intellectual Property Organization (WIPO) by the United Nations." in Mark A. Lemley''Property, Intellectual Property, and Free Riding'', Texas Law Review, 2005, Vol. 83:1031, page 1033, footnote 4. The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goo ...
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Donaldson V Becket
''Donaldson v Becket'' (1774) 2 Brown's Parl. Cases (2d ed.) 129, 1 Eng. Rep. 837; 4 Burr. 2408, 98 Eng. Rep. 257; 17 Cobbett's Parl. Hist. 953 is the ruling by the British House of Lords that held that copyright in published works was not perpetual but was subject to statutory limits. Some scholars disagree on the reasoning behind the decision. Name The spelling of the chief respondent in the case, Thomas Becket, sometimes appears as Beckett. For those looking to choose one spelling over the other, it would be more correct to use Becket. Firstly, Becket overwhelmingly spelled his surname ''t'', not ''tt''. Secondly, many of the original contemporaneous records in the case also spelled his surname ''Becket''. Those records include the original proceedings of the dispute in the Court of Chancery. Additionally, the manuscript records of the appeal in the House of Lords, including the manuscript minutes and manuscript journal of the House of Lords, caption the case using the spelli ...
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France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pacific and Indian Oceans. Its Metropolitan France, metropolitan area extends from the Rhine to the Atlantic Ocean and from the Mediterranean Sea to the English Channel and the North Sea; overseas territories include French Guiana in South America, Saint Pierre and Miquelon in the North Atlantic, the French West Indies, and many islands in Oceania and the Indian Ocean. Due to its several coastal territories, France has the largest exclusive economic zone in the world. France borders Belgium, Luxembourg, Germany, Switzerland, Monaco, Italy, Andorra, and Spain in continental Europe, as well as the Kingdom of the Netherlands, Netherlands, Suriname, and Brazil in the Americas via its overseas territories in French Guiana and Saint Martin (island), ...
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Right
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory. Rights are of essential importance in such disciplines as law and ethics, especially theories of justice and deontology. Rights are fundamental to any civilization and the history of social conflicts is often bound up with attempts both to define and to redefine them. According to the ''Stanford Encyclopedia of Philosophy'', "rights structure the form of governments, the content of laws, and the shape of morality as it is currently perceived". Definitional issues One way to get an idea of the multiple understandings and senses of the term is to consider different ways it is used. Many diverse things are claimed as rights: There are likewise diverse possible ways to categorize rights, such as: There has been considerable ...
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Queen Elizabeth I
Elizabeth I (7 September 153324 March 1603) was Queen of England and Ireland from 17 November 1558 until her death in 1603. Elizabeth was the last of the five House of Tudor monarchs and is sometimes referred to as the "Virgin Queen". Elizabeth was the daughter of Henry VIII and Anne Boleyn, his second wife, who was executed when Elizabeth was two years old. Anne's marriage to Henry was annulled, and Elizabeth was for a time declared illegitimate. Her half-brother Edward VI ruled until his death in 1553, bequeathing the crown to Lady Jane Grey and ignoring the claims of his two half-sisters, the Catholic Mary and the younger Elizabeth, in spite of statute law to the contrary. Edward's will was set aside and Mary became queen, deposing Lady Jane Grey. During Mary's reign, Elizabeth was imprisoned for nearly a year on suspicion of supporting Protestant rebels. Upon her half-sister's death in 1558, Elizabeth succeeded to the throne and set out to rule by good counsel. S ...
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Bayh–Dole Act
The Bayh–Dole Act or Patent and Trademark Law Amendments Act ( Pub. L. 96-517, December 12, 1980) is United States legislation permitting ownership by contractors of inventions arising from federal government-funded research. Sponsored by senators, Birch Bayh of Indiana and Bob Dole of Kansas, the Act was adopted in 1980, is codified at 94 Stat. 3015, and in 35 U.S.C. § 200–212, and is implemented by 37 C.F.R. 401 for federal funding agreements with contractors and 37 C.F.R 404 for licensing of inventions owned by the federal government. A key change made by Bayh–Dole was in the procedures by which federal contractors that acquired ownership of inventions made with federal funding could retain that ownership. Before the Bayh–Dole Act, the Federal Procurement Regulation required the use of a patent rights clause that in some cases required federal contractors or their inventors to assign inventions made under contract to the federal government unless the funding agency d ...
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Mark Lemley
Mark A. Lemley (born c. 1966) is currently the William H. Neukom Professor of Law at Stanford Law School and the Director of the Stanford Law School Program in Law, Science & Technology, as well as a founding partner of the law firm of Durie Tangri LLP, which he has been practicing with since 2009."Mark Lemley"
attorney profile at Durie Tangri LLP (last visited Feb. 12, 2014).


Career


Academic career

Lemley teaches intellectual property, computer and Internet law, patent law, trademark law, antitrust law and remedies at Stanford Law School. He is the author of seven books, including the two-volume treatise ''IP and Antitrust'' and over 150 articles published in law reviews or law journals.< ...
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United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmonizing the actions of nations. It is the world's largest and most familiar international organization. The UN is headquartered on international territory in New York City, and has other main offices in Geneva, Nairobi, Vienna, and The Hague (home to the International Court of Justice). The UN was established after World War II with the aim of preventing future world wars, succeeding the League of Nations, which was characterized as ineffective. On 25 April 1945, 50 governments met in San Francisco for a conference and started drafting the UN Charter, which was adopted on 25 June 1945 and took effect on 24 October 1945, when the UN began operations. Pursuant to the Charter, the organization's objectives include maintaining internatio ...
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Convention Establishing The World Intellectual Property Organization
The WIPO Convention (formally, the Convention establishing the World Intellectual Property Organization) is the multilateral treaty that established the World Intellectual Property Organization (WIPO). The convention was signed at Stockholm Stockholm () is the capital and largest city of Sweden as well as the largest urban area in Scandinavia. Approximately 980,000 people live in the municipality, with 1.6 million in the urban area, and 2.4 million in the metropo ..., Sweden, on 14 July 1967 and coming into force, entered into force on 26 April 1970. As of August 2020, the convention has 193 parties: 190 UN member states plus the Cook Islands, the Holy See and Niue. The three UN member states that have not ratified the WIPO Convention are: The convention is written in English, French, Russian and Spanish, all texts being equally authentic.Article 20(1)(a) of the Convention Establishing the World Intellectual Property Organization The convention was amend ...
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United International Bureaux For The Protection Of Intellectual Property
The United International Bureaux for the Protection of Intellectual Property (BIRPI) was an international organization. It was set up in 1893 to administer the Berne Convention for the Protection of Literary and Artistic Works and the Paris Convention for the Protection of Industrial Property. The BIRPI is the predecessor of the World Intellectual Property Organization (WIPO). BIRPI is an acronym for ''Bureaux Internationaux Réunis pour la Protection de la Propriété Intellectuelle'' (French for "United International Bureaux for the Protection of Intellectual Property"). History 1883 - Paris Convention for the Protection of Industrial Property In 1873, a pressing issue became evident for creators, in that they feared that others would steal their ideas since there was no way to regulate such things. Many exhibitors chose not to attend the International Exhibition of Inventions in Vienna, Austria that year. In 1883, the Paris Convention for the Protection of Industrial Proper ...
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Berne Convention For The Protection Of Literary And Artistic Works
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Bern by ten European countries with the goal to agree on a set of legal principles for the protection of original work. They drafted and adopted a multi-party contract containing agreements for a uniform, crossing border system that became known under the same name. Its rules have been updated many times since then. The treaty provides authors, musicians, poets, painters, and other creators with the means to control how their works are used, by whom, and on what terms. In some jurisdictions these type of rights are being referred to as copyright. The United States became a party in 1989. As of November 2022, the Berne Convention has been ratified by 181 states out of 195 countries in the world, most of which are also parties to the Paris Act of 1971. The Berne Convention introduced the concept that prot ...
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Paris Convention For The Protection Of Industrial Property
The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on 20 March 1883, was one of the first intellectual property treaties. It established a Union for the protection of industrial property. The convention is currently still in force. The substantive provisions of the Convention fall into three main categories: national treatment, priority right and common rules. Contents National treatment According to Articles 2 and 3 of this treaty, juristic and natural persons who are either national of or domiciled in a state party to the Convention shall, as regards the protection of industrial property, enjoy in all the other countries of the Union, the advantages that their respective laws grant to nationals. In other words, when an applicant files an application for a patent or a trademark in a foreign country member of the Union, the application receives the same treatment as if it came from a national of this foreign country. Furthermore, if th ...
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