From Babylon to the Silicon Valley—The Origins and Evolution of Intellectual Property

A Sourcebook

Nuno Pires de Carvalho

At its core, intellectual property today is the same as it was six thousand years ago: an instrument for the assertion of the identities of merchants and manufacturers in their struggle to lure customers with honesty and fairness. It arises spontaneously whenever and wherever entrepreneurs carry out their professions in an environment of competition. This masterful book, the first of its kind, presents more than two hundred sources going back to ancient Egypt, sharply detailing the evolution of intellectual property right up to its current prominence in global trade and international law.

Highlighting important moments in the evolution of the intellectual property, the author—one of the world’s best known authorities in the field—assembles his chosen sources in a way that sheds definitive light on such aspects as the following:

• early origins in the appropriation of differentiating assets by merchants and manufacturers;
• evolution of trademark law up to the adoption of the TRIPS Agreement;
• evolution of patent law, demonstrating in detail how English and U.S. courts moulded its modern interpretation;
• differentiation of industrial designs;
• the comparatively modern development of trade secrets law;
• origins and evolution of international protection through treaties and free trade agreements; and
• the prodigious expansion of intellectual property law in the past few decades to previously unprotected areas of business and professional activity.

The sources—many translated into English for the first time—are preceded when appropriate by brief notes explaining their context and relevance. The book closes with a chapter on contemporary debates, such as new areas of protection and new social controversies.

As a compilation of sources that would be otherwise unavailable to most readers, this factual and impartial account of why and how intellectual property has emerged and evolved is a treasure trove for all those interested in how the imperatives of civilization have designed and continue to design the scope and the limits of intellectual property. The book will be warmly welcomed by practitioners seeking a deeper understanding of their working tools, as well as by academics, government officials, and relevant international organizations around the world.