5. 2.1 Legal Intellectual Property – General

The growth of the Internet, and in particular distributed search engines such as Kazaa and Gnutella, has posed a challenge to copyright policy. In particular, the Recording Industry Association of America is at the forefront of the fight against copyright infringement, which the industry calls «piracy.» The industry has won victories against some services, including a high-profile case against file-sharing company Napster, and some people have been prosecuted for sharing files in violation of copyright. In the electronic age, there has been an increase in attempts to use digital rights management software tools to restrict the copying and use of digital works. Laws such as the Digital Millennium Copyright Act have been enacted that use criminal law to prevent circumvention of software used to enforce digital rights management systems. Equivalent provisions to prevent circumvention of copyright protection have been in place in the EU for some time and are extended, for example, to Articles 6 and 7 of the Copyright Directive. Other examples are Article 7 of the 1991 Software Directive (91/250/EEC) and the 1998 Conditional Access Directive (98/84/EEC). This may impede lawful uses, affect works in the public domain, limitations and exceptions to copyright, or uses authorized by the copyright owner. Some copyleft licenses, such as GNU GPL 3, are designed to counter this. [118] Laws may permit circumvention under certain conditions, such as when it is necessary to ensure interoperability with the circumvention company`s program or for accessibility reasons; However, distributing tools or bypass instructions may be illegal. Petra Moser claimed that historical analysis suggests that intellectual property protection laws can harm innovation: Various moral justifications for private property can be used to defend the morality of intellectual property, such as: If you use your personal developer account, you should ask someone from your company`s legal department: Register the company in Apple`s Developer Program as a corporate account (not as a personal account). A copyright gives the author of an original work exclusive rights to it, usually for a limited time. Copyright can apply to a wide range of creative, intellectual or artistic forms or «works». [33] [34] Copyright does not extend to ideas and information themselves, but only to the form or manner in which they are expressed.

[35] Criticism of the concept of intellectual property ranges from the discussion of its imprecision and abstract excess to the direct assertion, to the semantic validity of the use of words such as property and rights in a way that contradicts practice and law. Many critics believe that this term specifically serves the doctrinal program of parties that oppose reforms in the public interest or otherwise abuse related laws; and that it prohibits intelligent discussion of specific and often unrelated aspects of copyright, patents, trademarks, etc. [69] The argument that an intellectual property right (in order to better balance relevant private and public interests) should be called an intellectual monopoly privilege (IPR) has been advanced by several researchers, including Birgitte Andersen[84] and Thomas Alured Faunce. [85] «The history of patents does not begin with inventions, but with the royal concessions of Queen Elizabeth I (1558-1603) for monopoly privileges. However, about 200 years after the end of Elizabeth`s reign, a patent represents a legal claim obtained by an inventor that provides for exclusive control over the manufacture and sale of his mechanical or scientific invention. Demonstration of the evolution of patents from the Royal Prerogative to the common law doctrine. [17] The intellectual property clause was drafted in the context of English law and practice.1FootnoteGraham v. John Deere Co. of Kan. City, 383 U.S. 1, 5 (1966).

Patent law dates back to the Statute of Monopolies of the English Parliament of 1623.2FootnoteSee United States v. Line Material Co., 333 United States 287, 331–32 (1948) ([The Statute of Monopolies] became the basis of the Patent Act, which guaranteed exclusive rights to inventors around the world.). Prior to this law, many patents were little more than feudal favors,3FootnoteOil States Energy Servs., LLC v. Greene`s Energy Grp., LLC, No. 16-712, slip op. to 5 (April 24, 2018 in the United States) (Gorsuch, J., different). a royal privilege granted by the Crown to Hoffavorites of property or businesses that the public had long enjoyed.4FootnoteGraham, 383 U.S. to 5. Parliament has restricted this practice in the Statute on Monopolies, which stipulates that all monopolies and all commissions, concessions, licences, charters and letters are patents. are completely contrary to the laws of the Reich. and is completely null and ineffective.5footnote21 Jac.

C. 3 § 1 However, the Law contained an exception which is the ancestor of modern patent law. Paragraph 6 provided that the general prohibition of monopolies did not extend to patents. for a period of fourteen years or less, hereinafter to make the sole work or manufacture of any type of new manufacturers in this field to the true and first inventor.