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This book explores how dissimilar patent systems remain distinctive
despite international efforts towards harmonization. The dominant
historical account describes harmonization as ever-growing, with
familiar milestones such as the Paris Convention (1883), the World
Intellectual Property Organization's founding (1967), and the
formation of current global institutions of patent governance. Yet
throughout the modern period, countries fashioned their own
mechanisms for fostering technological invention. Notwithstanding
the harmonization project, diversity in patent cultures remains
stubbornly persistent. No single comprehensive volume describes the
comparative historical development of patent practices. Patent
Cultures: Diversity and Harmonization in Historical Perspective
seeks to fill this gap. Tracing national patenting from imperial
expansion in the early nineteenth century to our time, this work
asks fundamental questions about the limits of globalization,
innovation's cultural dimension, and how historical context shapes
patent policy. It is essential reading for anyone seeking to
understand the contested role of patents in the modern world.
Intellectual property has become a dominant feature of our
knowledge based economy in recent years, but how has property
rights in intangible items developed? This book brings together for
the first time exemplary scholarship with diverse approaches to the
history of United States intellectual property protection,
including trade secrets, trademark, copyright, and patent law.
These articles, written by leading experts in the field and often
challenging conventional narratives, underscore the importance of
historical perspectives for understanding how an extensive,
evolving framework for the regulation of knowledge emerged in the
modern period. By tracing intellectual property from an historical
perspective - not merely providing justifications in philosophy or
economics in the abstract - this book draws upon the past to
address contemporary debates over such varied topics as: access to
knowledge; policing copyright infringement; whether employees
should own the products of their minds; the role of national
borders in an age of digital information; and the very future of
intellectual property as stakeholders and consumers contest the
extent of its legal protection.
This book is a study in the law that exists before a founding
moment of law giving. More specifically, it looks at one
foundational moment, the giving of the Torah at Mount Sinai, and
examines how Hebrew commentators have envisioned what existed prior
to receiving the commandments. How do legal systems treat law
before their founding? The Law Before the Law looks at near two
millennia of responses by commentators to this problem. Pre-law, as
it might be called, became the repository of an alternative legal
tradition. Scattered, often fragmentary discussions of the law
before the law were a commonplace in the Jewish legal tradition.
Often involving conjecture and imaginative reconstructions of legal
arguments, these discussions were a laboratory to work out the
jurisprudential problems found in ordinary Jewish law. The law
before the law was often envisioned as different from law after the
founding moment, a legalism more oral, more customary, more
discretionary, and above all, more concerned with the psychological
question of how a norm bearing person is created.
This book is a study in the law that exists before a founding
moment of law giving. More specifically, it looks at one
foundational moment, the giving of the Torah at Mount Sinai, and
examines how Hebrew commentators have envisioned what existed prior
to receiving the commandments. How do legal systems treat law
before their founding? The Law Before the Law looks at near two
millennia of responses by commentators to this problem. Pre-law, as
it might be called, became the repository of an alternative legal
tradition. Scattered, often fragmentary discussions of the law
before the law were a commonplace in the Jewish legal tradition.
Often involving conjecture and imaginative reconstructions of legal
arguments, these discussions were a laboratory to work out the
jurisprudential problems found in ordinary Jewish law. The law
before the law was often envisioned as different from law after the
founding moment, a legalism more oral, more customary, more
discretionary, and above all, more concerned with the psychological
question of how a norm bearing person is created.
Law s Imagined Republic shows how the American Revolution was
marked by the rapid proliferation of law talk across the colonies.
This legal language was both elite and popular, spanned different
forms of expression from words to rituals, and included
simultaneously real and imagined law. Since it was employed to
mobilize resistance against England, the proliferation of
revolutionary legal language became intimately intertwined with
politics. Drawing on a wealth of material from criminal cases,
Steven Wilf reconstructs the intertextual ways Americans from the
1760s through the 1790s read law: reading one case against another
and often self-consciously comparing transatlantic legal systems as
they thought about how they might construct their own legal system
in a new republic. What transformed extraordinary tales of crime
into a political forum? How did different ways of reading or
speaking about law shape our legal origins? And, ultimately, how
might excavating innovative approaches to law in this formative
period, which were constructed in the street as well as in the
courtroom, alter our usual understanding of contemporary American
legal institutions? Law s Imagined Republic tells the story of the
untidy beginnings of American law.
This book explores how dissimilar patent systems remain distinctive
despite international efforts towards harmonization. The dominant
historical account describes harmonization as ever-growing, with
familiar milestones such as the Paris Convention (1883), the World
Intellectual Property Organization's founding (1967), and the
formation of current global institutions of patent governance. Yet
throughout the modern period, countries fashioned their own
mechanisms for fostering technological invention. Notwithstanding
the harmonization project, diversity in patent cultures remains
stubbornly persistent. No single comprehensive volume describes the
comparative historical development of patent practices. Patent
Cultures: Diversity and Harmonization in Historical Perspective
seeks to fill this gap. Tracing national patenting from imperial
expansion in the early nineteenth century to our time, this work
asks fundamental questions about the limits of globalization,
innovation's cultural dimension, and how historical context shapes
patent policy. It is essential reading for anyone seeking to
understand the contested role of patents in the modern world.
Law s Imagined Republic shows how the American Revolution was
marked by the rapid proliferation of law talk across the colonies.
This legal language was both elite and popular, spanned different
forms of expression from words to rituals, and included
simultaneously real and imagined law. Since it was employed to
mobilize resistance against England, the proliferation of
revolutionary legal language became intimately intertwined with
politics. Drawing on a wealth of material from criminal cases,
Steven Wilf reconstructs the intertextual ways Americans from the
1760s through the 1790s read law: reading one case against another
and often self-consciously comparing transatlantic legal systems as
they thought about how they might construct their own legal system
in a new republic. What transformed extraordinary tales of crime
into a political forum? How did different ways of reading or
speaking about law shape our legal origins? And, ultimately, how
might excavating innovative approaches to law in this formative
period, which were constructed in the street as well as in the
courtroom, alter our usual understanding of contemporary American
legal institutions? Law s Imagined Republic tells the story of the
untidy beginnings of American law.
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