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The Making of Modern Intellectual Property Law: The British Experience, 1760–1911

In writing this book we received help from a number of people. We would like to thank in particular David Althus, Kier Ashton, Cate Banks, Robert Burrell, Jeremy Hopgood, and Katie O'Rourke for help with the research; Robert Burrell, Bill Cornish, Shaun McVeigh, Alain Pottage, Alain Strowel, Julian Thomas, Adam Tomkins, and Leanne Wiseman for reading and commenting on drafts; Virginia Catmur of Cambridge University Press for copy-editing the typescript; and King's College Research Strategy Fund and the Institute of Advanced Legal Studies External Research Fund for ®nancial support | The Making of Modern Intellectual Property Law The British Experience 1760-1911 Brad Sherman and Lionel Bently Cambridge University Press The Making of Modern Intellectual Property Law The British Experience 1760-1911 One of the common themes in recent public debate has been the law s inability to accommodate the new ways of creating distributing and replicating intellectual products that have developed in recent years. In this book the authors argue that in order to understand many of the problems currently confronting the law it is necessary to understand its past. Drawing on extensive archival research Sherman and Bendy provide a detailed account of the emergence of modern British intellectual property law. In doing so they explore two related themes. First they explain why intellectual property law came to take its now familiar shape with sub-categories of patents copyright designs and trade marks. Arguing against those who see intellectual property law as occupying its natural position or as being shaped by some higher philosophical principles the work sets out to show the complex and contingent nature of this area of law. Secondly as well as charting this emergence of intellectual property law as a discrete area of legal doctrine the authors also set out to explain how it is that the law grants property status to intangibles and describe the ensuing problems. This work goes on to explore the rise and fall of creativity as an organising concept in intellectual property law the creative nature of intellectual property law andthe important role that the registration process plays in shaping intangible property. B x Brad Sherman Law Department Griffith University Brisbane Lionel Bently School of Law King s College London This Page Intentionally Left .