What Is the Purpose of Intellectual Property Law?

US intellectual property laws originate in the Constitution and common law. Creators of intellectual property are granted limited rights to control the use of their works.

What is the origin of intellectual property law?

Many scholars trace the origin of intellectual property law to John Locke, who theorized in the 1600s that an individual who mixes labor and nature (such as by chopping wood) creates a new item that is his or her property. Because this protects the fruits of labor, it encourages the labor itself. This theory can be applied to both physical goods and intangible creative works.

Article I, Section 8, of the US Constitution says that Congress shall have the power to "promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." This is the basis for providing patent and copyright protection to inventors and authors. Trademark rights are not explicitly referenced in the Constitution, but the common law contains legal protection for trademarks, too.

While European and other intellectual property regimes are concerned with moral rights, US intellectual property laws are mostly based on economic rights. By providing economic incentives to authors and inventors, the US hopes to encourage them to make innovations and then reward them for revealing the innovations to the public.

What type of economic incentive does intellectual property law provide?

When an inventor spends years on a product, the inventor may be reluctant to allow the public to see the invention for fear that it may be copied and distributed immediately by others. US patent law typically provides the inventor 20 years from the date of application to exploit the invention before others may do so. This arrangement attempts to reach a balance between encouraging innovation and allowing the public to make free use of the invention. Copyright is similar, although it typically provides the author 70 years of exclusive rights from the date of creation.

Trademark law is designed to protect the owner of the mark and the public simultaneously. Trademarks help the public identify the source, ensuring consistent quality and the ability to seek a remedy when there is a problem with a product. It also protects the business whose diligence led to the association of a specific mark with its product.

How does intellectual property affect the global economy?

Intellectual property is vital to the growth of both developing and established economies around the world. Strong protection of intellectual property encourages creativity and innovation by native and foreign parties. Medicine, literature, film, software and brand identification can all be protected by intellectual property laws. It is more feasible for businesses to disperse their products when they are protected from illegal duplication of those products.

Intellectual property laws are numerous and varied, but the purpose behind them is simple: to protect the rights of authors, inventors and businesses while encouraging risk and innovation that benefit the public. If you have questions about your intellectual property rights, please speak with an experienced attorney.

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