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Pugatch, Meir Perez --- "Introduction" [2006] ELECD 320; in Pugatch, Perez Meir (ed), "The Intellectual Property Debate" (Edward Elgar Publishing, 2006)

Book Title: The Intellectual Property Debate

Editor(s): Pugatch, Perez Meir

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845420383

Section Title: Introduction

Author(s): Pugatch, Meir Perez

Number of pages: 14

Extract:

Introduction: debating IPRs
Meir Perez Pugatch

Aliusque et idem
Carmen Saeculare, 10
Horace


1. THE LESSONS OF HISTORY: WAVES OF IP
DEBATES

If a Martian (or any kind of extraterrestrial for that matter) were to visit
earth for the first time and be exposed to some of the debates that are cur-
rently taking place in the IP domain, he would undoubtedly think that there
is something very peculiar with the system. After all, if something as `tech-
nical' and `legalistic' as IPRs draws so much attention, then surely there is
either more to the system than meets the eye, or the system is relatively new
and therefore requires modifications. If the same Martian were to visit
earth sooner ­ say in the 17th century (1623 to be exact) ­ when section 6
of the Statute of Monopolies was passed in Britain, then he would have
probably understood that the system is far from new and would thus have
eliminated the second explanation.
After all, the Statute of Monopolies ­ which at the time revoked all rights
to private monopolies under the British dominium and established that the
British Crown has the sole authority to grant such monopolies, has made
an exception with regard to patented inventions.

Any declaration before- mentioned shall not extend to any letters patents (b) and
grants of privilege for the term of fourteen years or under, hereafter to be made,
of the sole working or making of any manner of new manufactures within this
realm (c) to the ...