Origin and future of intellectual property

Intellectual property covers various areas such as patents, plant breeders' rights, copyright, database rights, trademarks and designs. Intellectual property protection can be traced back a very long way but it has gradually evolved into a solid economic exploitation right and an exclusive right.

Patents can be traced back to the ancient Greeks in the year 600 BC (just have a look at the website of the NL Patent Office). Our Patents Act (Rijksoctrooiwet) dates from 1910 (fully revised in 1995) and it celebrated its centenary in 2010.

Other rights are of a more recent but still historical date: copyright - particularly the predecessor of present-day copyright, known as 'kopijrecht' - can be traced back to the origin of the art of printing and the basis of our current Copyright Act dates back to 1817.

The use of marks (those used by silversmiths and potters, for example) can also be traced back a long way, well before Christ.

Intellectual property and innovation/creation

Is technological development boosted or slowed down as a result of IP rights?

Of course, intellectual property provides the opportunity to recoup investments which is usually well-deserved!

A great deal of innovation would not take place if there was not some level of exclusivity for some time. For many inventions, the restriction of 20 years for patents was and is understandable. Considering current fast developments - especially in the field of information technology innovation - you may wonder whether this period is not much too long.

You can also wonder whether it is always necessary and justified to guarantee copyright law protection for 70 years after the author's death. A registration system after 20 years, for example, might be more appropriate indicating that the owner wants to make use of the option of an extended protection period.

Present and future

Commercial practice is inventive: initiatives such as Creative Commons, Open Source, Open Innovation, Co-creation and the like stroll off the beaten tracks and go their own ways without immediately getting rid of all rights. Proper arrangements and mutual trust are key words in this context.

Anyway: a reassessment of the various types of IP rights will certainly be put on the agenda in the near future. In practice, this reassessment is already being made in a creative and innovative fashion. The law should take up the challenge as well.

publicatiedatum: Monday, April 18, 2011