Arbeitspapiere / Fachbereich Rechtswissenschaft, Goethe-Universität = Research paper / Faculty of Law, Goethe University
Refine
Year of publication
- 2013 (9) (remove)
Document Type
- Working Paper (9) (remove)
Has Fulltext
- yes (9)
Is part of the Bibliography
- no (9)
Keywords
- Urheberrecht (3)
- Open Access (2)
- Wissenschaft (2)
- Abstinenzkontrolle (1)
- Abstinenzweisung (1)
- Colonialism (1)
- Copyright (1)
- Corporate Governance (1)
- Corporate Social Responsibility (1)
- German Capital Markets Model Case Act (KapMuG) (1)
Institute
2013, 2
Although intellectual property law is a distinctively Western, modern, and relatively young body of law, it has spread all over the world, now encompassing all but a very few outsiders such as Afghanistan, Somalia, and Vanuatu. This article presents three legal transfers that contributed to this development: first, from real property in land and movables to intellectual property in the late 18th century in Western Europe; second, from Western Europe, in particular from the United Kingdom and France to the rest of the world during the colonial era in the 19th and early 20th century; third, from the protection of new knowledge to the protection of traditional knowledge, held by indigenous communities in developing countries, on 5 August 1963. This story illuminates how legal transfers in a broad sense – including, but not limited to legal transplants - drive the evolution of law.