Historical Cases That Shaped Intellectual Property (IP) Law

What Copyright Cases Do You Need to Learn About?

Intellectual property (IP) is important to the success of many businesses today. Whether it’s copyrighted works that companies sell as products, patents for technology that make their business model possible, or trademarks that get their brand out there, there’s a lot of IP putting in the work. There have been many historical IP cases, in fact, because of how important they have become.

IP is a term that refers to the creations of the mind, such as inventions, literary and artistic works, designs, symbols, and names used in commerce. In today’s world, protecting these creations has become increasingly important so that the owner of the IP is the only one profiting from it. 

However, IP laws have not always been as developed and comprehensive as they are today. There have been several historical cases that have significantly shaped the way we currently view and protect intellectual property. Learn more about them with the help of Emerson Thomson Bennett.

Historical Intellectual Property (IP) Cases You Should Know About

The Statute of Anne (1710)

The Statute of Anne is often referred to as the first copyright law in history, and it was enacted in Britain before the United States was even founded. 

Originally enacted by the British Parliament in 1710, this law was a response to the widespread piracy of books and literature at the time. Prior to this, authors had no legal protection for their works and could not prevent others from making and selling copies without their permission. 

The Statute of Anne changed that by granting authors a limited term of copyright protection, thus laying the foundation for modern copyright laws.

The Case of Donaldson v. Becket (1774)

The Case of Donaldson v. Becket was a landmark case in the development of copyright law. In this case, the House of Lords – a second chamber of the UK Parliament – ruled that copyright protection should be granted only for a limited time and not in perpetuity, as had been previously believed. 

This ruling established the concept of public domain, where works eventually become free for anyone to use and benefit from. This concept would carry over into U.S. law, where the idea of the public domain and temporary copyrights would also be inscribed into law.

The Patent Act of 1790

The United States Patent Act of 1790 is considered to be the first patent law in American history. It was heavily influenced by the British Statute of Monopolies, like many of the IP laws in the United States.

Rather than focus on copyrights and creative works, this law is all about inventors and their inventions. This law allowed inventors to obtain what was to be called a patent for their invention. This would give them exclusive rights to make, use, and sell their creation for a limited period of time. 

This laid the foundation for the modern patent laws that protect inventions today.

The Berne Convention (1886)

The Berne Convention is an international agreement that still sets the standard for copyright protection for many countries around the world. It was first adopted in 1886 and has been revised multiple times since then. Currently, the Berne Convention includes:

• The United States
• Germany
• Switzerland
• France
• The United Kingdom
• Sweden
• Italy
• Argentina
• Netherlands
• Spain
• Belgium
• Finland
• Albania
• Haiti
• Andorra
• Antigua and Barbuda
• Algeria

The Copyright Term Extension Act – A.K.A. “The Mickey Mouse Protection Act”

Also known as the Sonny Bono Copyright Term Extension Act, the Copyright Term Extension Act – or the “Mickey Mouse Protection Act” colloquially – was passed in 1998 in the U.S. The act effectively extended the duration of copyright protection for works still under copyright.

The title “Mickey Mouse Protection Act” arose because the change in law directly benefited the Walt Disney Company, which famously wanted the law changed. It ended up protecting the Walt Disney Company’s copyright on its early Mickey Mouse projects that were set to enter the public domain. 

Instead of copyrights expiring 50 years after the death of the author, they were extended to 70 years. For works of corporate authorship, the protections were extended from 75 years after creation, or 95 years after publication, whichever endpoint is earlier. 

This act was met with significant controversy, with critics arguing it unfairly benefited corporations at the expense of the public domain. Many believed that creative works should be open for public use, similarly to patents, after a short amount of time. With the extension, the people who first experienced creative work would likely be elderly or have passed away by the time it was in the public domain. 

This reaction has led to the Mickey Mouse Protection Act being considered an example of how historical IP cases have influenced the length and scope of copyright protection to this day.

The Copyright Act

One legal case did not cause the Copyright Act, especially the important Copyright Act of 1790 in the United States. Instead, it was shaped by the need to create laws to protect intellectual property in the new United States. This came after many problems and cases surrounding creative works.

The U.S. Constitution, adopted in 1787, set the stage for copyright law. An underrated aspect of the Constitution is how it gives Congress the power to support science and the arts. Authors and inventors naturally want to secure exclusive rights over their writings and discoveries. For this, Congress created a constitutional provision that led to the enactment of the first federal copyright law, the Copyright Act of 1790.

This Act was based on the Statute of Anne. This was the first copyright law in England, created in 1710. It aimed to protect authors’ rights and promote the sharing of knowledge. The U.S. Copyright Act of 1790 gave authors the exclusive right to publish and sell their works, a right that lasts for a limited time of 14 years.

Over time, the Copyright Act has evolved through various amendments and revisions to address new forms of media and technological advancements, leading to the comprehensive legislation of 1976, which remains the cornerstone of U.S. copyright law today.

Trade-Related Aspects of Intellectual Property You Should Know

The key trade-related parts of intellectual property are mainly governed by the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. This is a global agreement managed by the World Trade Organization (WTO). TRIPS sets minimum standards for protecting and enforcing different types of intellectual property (IP) rights in member countries. Here are some key aspects:

1. Patent Protection: TRIPS requires member countries to offer patent protection for inventions in all technology fields. This ensures that patent holders have exclusive rights to their inventions for at least 20 years.
2. Copyright and Related Rights: The agreement establishes rules for copyright protection. It covers the rights of authors, performers, and producers of sound recordings. It also addresses issues like the duration of copyright protection and moral rights.
3. Trademarks: TRIPS requires the protection of trademarks. This means trademark owners have exclusive rights to use their marks. They can stop others from using them without permission. It also covers service marks and collective marks.
4. Geographical Indications: This agreement protects geographical indications. These are signs used on products from specific places. They have special qualities or a good reputation because of their origin. Examples include Champagne and Roquefort.
5. Industrial Designs: TRIPS requires protection for industrial designs. These designs are the decorative or aesthetic features of an item. This protection helps creators stop others from copying or imitating their work.
6. Trade Secrets: The agreement has rules to protect secret information, or trade secrets, from unfair competition and unauthorized sharing.
7. Enforcement: TRIPS describes how to enforce IP rights. It includes civil and administrative procedures, remedies, and criminal penalties for infringement.
8. Dispute Resolution: The agreement offers a way to resolve disputes between member countries. This is about how to interpret and apply TRIPS provisions.

Overall, TRIPS aims to align IP laws around the world. It promotes fair competition and reduces trade issues. At the same time, it balances the needs of IP rights holders and the public.

Protect Your Intellectual Property with the Help of Emerson Thomson Bennett

These are just a few of the historical cases that have shaped modern intellectual property law. These cases have changed how we see and protect intellectual property. They cover copyright, patent protection, and trademark infringement. They also help set international standards. 

If you’re looking to file for the proper intellectual property protection for your IP, you need to know these laws yourself because they are still relevant decades – and in some cases centuries – later. For legal help and guidance, contact the IP protection attorneys at Emerson Thomson Bennett today.