The making of modern intellectual property law: the British experience, 1760-1911

TheMakingofModernIntellectualPropertyLawThe British Experience, 1760±1911One of the common themes in recent public debate has been the law'sinability to accommodate the new ways of creating, distributing andreplicating intellectual products that have developed in recent years. Inthis book the authors argue that in order to understand many of theproblems currently confronting the law, it is necessary to understanditspast.Drawingonextensivearchivalresearch,ShermanandBentlyprovidea detailed account of the emergence of modern British intellectualproperty law. In doingso they explore two related themes. First, theyexplain why intellectual property law came to take its now familiarshape with sub-categories of patents, copyright, designs and trademarks. Arguing against those who see intellectual property law asoccupying its natural position or as being shaped by some higherphilosophical principles, the work sets out to show the complex andcontingentnatureofthisareaoflaw.Secondly, as well as charting this emergence of intellectual propertylaw as a discrete area of legal doctrine, the authors also set out toexplain how it is that the law grants property status to intangibles anddescribe the ensuing problems. This work goes on to explore the riseand fall of creativity as an organising concept in intellectual propertylaw, the creative nature of intellectual property law and the importantrolethattheregistrationprocessplaysinshapingintangibleproperty.

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